The Montgomery advertiser., 1909-03-04
A SLOW CASE.

ment of judicial proceedings in a great many instances are proverbial. We smile at Charles Dickens famous Jarn- dyce lawsuit, where the litigation had descended from father to son for some- thing like seventy years. if we remem- Der correctly. but though this may be an exaggeratton. we have in our own country instances of claims drag ging their slow length along until the original litigants are almost forgot ten. One of the recent instances of ap- parentiy inexcusable delay Is reported from our neighbor on the North, and is thus stated by The Montreal Gazette: been deliberating for i've years on case that when judgment is given will affect number of suitors. and until 1t is given none of them may proceed with certain business propositions. The situation Is instanced as showing the need of judicial reform. It seems to show more the need of an axe.
 When The Gazette speaks of using the axe 1t is speaking figuratively, of course, and refers only to taking off the official head of the judge, and it would seem that this is a good case for the appointive axe to get In its work. One would think that when a matter Is left entirely to a judge to deliberate over and decide on it need not take him five years to come to a decision, but perhaps he is a firm be- 1iever In the right of appeal. and when he arrives at one conclusion he ap- peals from his own verdict and has to do it all over again. That might ac- count for his failure to arrive at verdict. Whatever may be the cause of delay in, this instance, we agree with The Gazette that it shows the need of judicial reform. and we should also think it shows the need of new judge as we'll
 And while on the subject of the law and its operations. we may as well re- fer to another matter that delays and not infrequently defeats the ends of justice. That is the bandying about of case from one court to another. Appeals, rehearings. new trials, rever-' sions and the like may keep a. ease going from one judge to another and from one court to another until it may wear itself out and eitber a great in- justice may be done or justice will fail entirely. This, reminds us of a some what unusuN SC up in Oklahoma, and of the faction and remarks of judge qf the Court of Appeals of that stats.' A man had been convicted of larceny in one of the lower courts and had appealed his case to the higher court. .The judge of that court, to whom. the case weht, said: When defendant is clearly proven to be gull ty this court will not reverse a convic- tion which does not affect the sub stantial rights of the defendant"
 We think both lawyers and laymen will pronounce that good and sound sense. Of course we do not argue that there should be any lack of safe guards thrown about the innocent, nor would we have courts and their pro- ceedings SO hurried that right might be defeated and wrong prevail, for that Is not our understanding of what laws and courts were intended for The prin- ni rl nf ri orb 31icS courts of law. as we understand it, and those principles should not be subvert- ed or perverted. When an appeal, new trial or a rehearing Is sought for the sole purpose of delay and the judge is satisfied that that is the only reason. we do not understand that he is bound to grant the request. That Oklahoma judge talked good sense. we claim. ,,...
 And on this subject The Kansas City Journal quotes a contemporary, name not given, who seems to have a pret- ty good idea of the matter, and asks some pertinent questions. The writer referred to the many and important improvements In all lines of mechan- ical and scientific work. and added:
 But the machinery of justice keeps on creaking. 1t Is A fearful and won derful specimen of the antique. It moves by jerks, and part of the time it jerks backward The litigant finds that 1t Is chok ed by a tech hnicality and that he has to make a new start with his case. Because of the well authe ticated stories that have been told of it's operations and because of actual ex- periences with them there many men who would rather submit to in- justice than take their chances with such a contrivance
 Why. then, do not more members of the bar turn inventors? Why do they not act like the experts in other lines of human endeavor and strive to i'm prove the machinery? Is 1t because they feel that there Is profit in nac- ton rather than in action? Or Is 1t because they are so much the slaves of tradition that they bow to it without question? Certainly opportunity beck ons them, and there will be a very great reward in honor and reputation for those who help to make the ma chinery better"
 DIRTY MESS.