The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-04-12
SPEEDIER ACTION
ON COURT CASES
ATTY ROBINSON WANTS THE su.
PREME COURT TO ADOPT SOME
METHOD OF EXTENDING Rusl.
NESS IN THE STATES HIGHEST
TRIBUNAL.

Atty. J. e. Robinson, who issues a
publication called The Common Good,
furnishes The Forum With an advance
article, which is the leading feature
OF his publication for this month. II
Is as follows:
In the construction of North Dakota
there is most important mandate
which has always been ignored or dis
regarded by the law makers and the
courts and especially by the supreme
court. 1t is this: "All courts shall be
open and every man 1or any injury
done him in his lands, goods, person
Or reputation, shall have a remedy by
due process of law and right and Ius-
tice administered without sale, denial
or delay"
But the courts are not open. They
are closed the greater part of the time.
In most counties there are but one or
two short terms of court in year. and
the result is that case may be at is
sue for over six months or a year be-
fore it can be brought to trial, and
when court case is finally submitted
with all the evidence and the argu-
ments 1t may be, and 1t often is pig
eon-holed and held up under a pre-
tended consideration for months or
years. When a case reaches the su-
preme court 1t cannot be brought to
hearing at the next succeeding term
OF the court unless the printed abb
stract and brief are served and filed
twenty five days before the first day
of the term. And in a year there are
only Two terms of the supreme court.
Hence 1t is no uncommon thing for a
case to wait year for a hearing and
then wait most another year for
decision. Under this system of gross
delay. gross errors and mistakes do
often occur as mater of course, be-
cause the time for Judges to hear and
decide case is when it is fresh in the
memory of the counsel and the court.
and not when 1t has grown cold and
stale and dead. This delay system
doubles the labor Of the counsel and
the court and it doubles the chance of
errors and mistakes, and it makes the
sutton pay too much for the chance of
obtaining long delayed legal remedy.
Indeed in some cases the procedure is
little better than mockery of JUS
tice. If acted on the stage it would
appear as a real genuine burlesque.
The system of awaiting for semi-an-
nual terms Of court and for the ac-
cummulation of a vast amount of con-
fusin. business Is just as unreason-
able and preposterous as it would be
for a farmer to await the return of
semi annual terms or periods to clean
out his stables 1t is a system that
would bring quick and certain wreck
and ruiM to any business enterprise.
No wonder it leads to the ruin Of suit
ors and the denial of !. -tice. Under
proper and businesslilxe system there
should be no waiting for a mass of
business to accumulate like an ice
gorge to confuse the minds of the
judges and to block the way to JUS
tice. If there must be terms of court
they should occur as often as once
month or once a week to prevent any
gorging of business and to permit a
full and fair hearing and a correct de-
cision of every appeal within one or
two months after the filing of the same.
That is the fair import and meaning
of justice without sale, denial or de-
lay.
AS the justices of the supreme court
have full power and authority to
amend the rules so as to provide for
a proper and business like administra-
tion of justice conforming % the man.
date of the constitution, we do earn
estly submit and commend the adop-
ton of the following seven rules:
Rules of Supreme Court.
/. The motto of this court is, justice
without sale, denial or delay.
2. On the first Tuesday of each
month except August, at the capitol In
Bismarck, there shall be held a special