The San Francisco call., 1910-02-02
EEN1h-E

American > q q J. 8xx$ ~
ciary has found
an nm g late se
echo in San Fran -
cisco
The local bar a
association, under
the direction OF
its president. Cur
tis H. Lindley. is - = AzzzE7zz1
taking the first = LC4NS-5
step TO rid the
pro ssion OF Tr5r. e Z IjBdIev
those ills that
nave aroused pop
MAR protest II aspires TO inject
speed where there is now delay and
10 substitute liberality OF interpreta-
tion Tor technicaliJy- To this end the
association VIII prepare a series Of
bills for the consideration Of the next
legislature.
The path OF reform is being blazed
by special committee composed OF
o. X. Cushing. Boutwell, Dunlap. l.
Harris. Beverly j. H0dgbead, Grant
IT, smith and Judge Lindley. An in
qliry has been addressed TO every su-
1erior judge in California asking him
~ state the causes and remedies as in
dicated bE his experience for delay in
civil and criminal cases. The attorney
general OF every state in the union
las b-c0 invited 10 submit his views
un the wisdom OF instructions from
Judge To jury.
TROUBLE N TRIAL COURT
Judge Lindley. who is president Of
The state as well as the city bar asso-
c-stion has given the question
thoughtful attention He was deeply
interested in Justice Brewers remarks
and suppleR onted them with some
suggestions OF his own
"One IF OR chief sources Of trouble"
said Lindley Lies in the judges in
srrUCtions in the trial court We are
able To trace a large number Of re
Nersals TO this point In the federal
courts the Judge has q wide latitude
I- Is within his province to interpret
the evidence and to indicate 70 the
j-ry how il should report In the fed
eTsl courts we don't have the delays
tnat hamper the state courts. That is
Que partly - the wider discretion
given tie judge.
Now. suppose in 2 superior court
judge should attempt 40 make dedUc-
tions from the evidence and should
eN press an opinion for the jury 10 fol-
losV. Why, there would lie a reversal
beyond any doubt Instead he has TO
sit and look on while the jurymen
Bear mass Of stuff they do not com
u~ehend.
JUDGES BLAME THE LAWYERS
~Tler The judge gives his instrue-
lions. He Is presented with those de-
sired by both sides. which are contra
.dictorv in many respects II he gives,
or fails 10 give. some desired instruc-
tion Ae may be reversed.
Many Of the Judges viii tell you
that the cause OF the laws delay is
The lawyers Now. there Is a good deal
10 that. We have a sort Of reciprocity,
"a custom OF courtesy. by which one at
torrey agrees To period of delay at
the request Of his adversary. An at
torney generally agrees to a postpone
ment. believing that lie may at some
future date he compelled to make a
similar request. And SO the practice
grows
Many OF the LAWYERS take a wrong
view Of their profession. They are
spt TO dcVoJe themselves 10 trifies
rather than 10 the greater issues We
see This often among young lawyers.
II Tou give them 4 pleading, to exam
lne t.e viii WANT to attack il on
some technical feature instead Of pre-
pairing TO tight il on the bigger ques-
tlons Of principle involved. They are
TOO apt 10 look upon il all as game
e q.
TEACHING FOR YOUNG MEN
TIE Judges. too, share in the re-
spoons ibiiity. Some Of them are tenn
n--a mentally unfit 10 sit on the bench.
They are timid and procrastinate.
They VIII take a case under advise
uent and postpone their decision from
week 10 week. The JUICES should be
men trained 10 the work. They should
.bc men of long experience and thor
ouEh knowledge.
I'm Ehgland the judges have been
through course Of complete prepa-
ration. They choose their justices
from the baTristers. men who have had
the required experience. In discussfrg .
the American legal system Bryce sa
that TO understand it an EngIishmaa
must frst Of all dismiss his conception
of a Judge.
To reform the legal processes we
must commence with the young men.
We must teach those into whose hands
The profession viii fan that the stand
ard must be raised. We have meet
ings every Friday night for the yollu 2
3ttorueEs and At each meeting we have
q han full Of these young men. We are
trying to teach them the higher ethics
~ the profession. We are trying to
show them the necessity of simpler
and quicker procedure
REFORM II WORK OF YEARS
This question is rot alone for to-
day and tomorrow. The reforms can
not be put into practice in an hour. it
is a work Of years. That is why we
are training the young men TO carry il
forward.
Look at the difference between the
English and the American systems to-
day. Here we have two English
speaking nations. the one with ad-
vanced and heightened legal processes.
and we, here's with our cumbersome
methods. England was no better than
ourselves up 20 1872. Then it adopted
the Field procedure. which this coun-
try had practically rejected.
The root OF the matter is this: Pub
lie opinion has given US advanced
substantive laws. but the machinery to
carry them out has crystallized and re-
NAMED stationary. The public recoe-
uizes that the legal system needs re-
form II is unacquainted with its in
tricacies and IL lies with the lawyers.
therefore. to correct the abuses that
exist