Los Angeles herald., 1910-11-06
Superior Court Nominee Refuses
to Deliver Address Till
After Election
JUDGE BLEDsoE A SPEAKER
Jurist, Discussing Laws Delays,
Puts Blame on LitigantS
and Attorneys

club, who had gathered to hear him
Albert Lee Stephens, candidate fol
jurge of the superior court, declined tC
deliver an address before the club yes
terday. His letter of declnation was
read to the club by Secretary Hender-
son. In it Judge stephens stated that
he had been criticised for addressing
the club so soon before election, as II
might be construed as political move
although the subject he was to discuss
was purely a sociological one and hao
nothing to do with politics. He stated
he did not wish the club to be subject
to criticism on his account and regret
fully declined to deliver the address
until after the election.
The program for the City club yes
terday was a "double-header." Judge
BENJAMIN f. Bledsoe spoke on RENE
dies for the laws delays. In his con
clusions Judge Bledsoe said that the
trouble was not so much with the law
itself as with those who had to do witt
it's administration.
Judge stephens letter follows:
Mr.. Frank Henderson, Secretary
CITY Club: Dear Sir-A few days
ago | was pleased to accept an in
yitation to address the City CLUB,
of which l have long been mem
ber. at its weekly luncheon of Sat
urday, November 8. After the an
nouncement a few days ago posi-
tive statements have reached me
that since / am a candidate Tor
public office my appearance at so
short a time before the election was
being construed as political move
on my part.
EXPLAINS AGREEMENT TO SPEAK
You, Mr.. Henderson, are aware
that the invitation was EXTENDED 10
me some time ago without any sug-
gestion on my part, and that this
particular time was selected for the
sole reason that the date mentioned
was the first that could be arranged
with convenience to the club and
to me. You are also aware that my
subject was one dealing with q
sociological problem, which has
nothing to do with the politics OF
the day and has no relation or sug-
gestion even of the office to Whlch
/ hope to be elected.
The City club has been of too
great service and promises too
many good things for the future
to hermit even a critical discussion
over the propriety of my speaking
at all. Permit me therefore with
the best good will to cancel the en-
gagement, am yours very respect
fully. .,,,,.,rr,,>,e
ALBEfI LEE . Ell IlIHANf''
In his address Judge Bledsoe said:
4s.The laws delays, as we know them
the laws delays which have tended t(
bring the administration Of justice int
disrepute, and the laws delays that
am particularly anxious TO speak o.
this afternoon, are the delays resulllne
not so much, in my judgment, iron
the laws as they are now upon tnt
statute books, but rather from the use
aI,,so ,.,ada of fbam nv lttgantS
LAWYERS. and even courts. The law
DELAYS are the result of temperament
largely. rather than of deficiency II
the law itself.
LITIGANTs TO BLAME
.rbe ordinary litigant, whether he
conceives himself to be in the right OF
not in his contention, desires his coun-
sci who represents him to use every
effort consistent with professional couri
tesy and fair-dealing to advance MS
cause IT matters not to him that q
case may drag, that delays ensue, tha'
undue advantage may be taken In re-
quired conformity to certain arpltrars
rules. With him success is the desired
end. and with him; therefore, the enc
justifies the means. =,
1.-THE attorney, representing his client
also desires success; for with MN
success in many cases means remuner'
alton, and, more than that the protes,
sional reputation, which Is his cnlel
asset and stock in trade. The court Is
surrounded and confronted by q mass
of nrecedents by which it must, partlc-
11larly if it be a trial court, be gov
erned. and from which 1t must draw
both it's inspiration and its authority
IF the parties litigant, under present
rules, will see to it that they require
of their counsel that every effort snail
be made to arrive at a conclusion as 70
the real merits of the ease, without the
Indulgence In any tactics of obstruc-
tion or delay--if the counsel themselves
will be guided by the wishes OF thelr
clients in this respect, or II, taxing
unon themselves the higher, truer and
more ethical conception of their duty
to the community, and so conduct
themselves that little or no attention Is
Maid to matters other than those which
are determinative of the case; and II
the courts, both trial and appellate.
will nav less attention to form ano
more to substance, will require less OF
sIayish adherence to useless precedent
and more conform to the spirit and
purpose of the age, many OF the COM
plants that are being made Will hdy ye
become groundless and many or tne
reforms that are being suggested VIII
have become unnecessary.
"In this, as in all other respects, In
my Judgment, legislation which is In
tended to bring about a new course OF
conduct on the part of any considerable
norton of the community will prove
abortive Reform, in this instance, as
in most others, must come from within
and not from without. Public senti-
ment must be educated up to the un-
derstanding that 1t better conduces to
the good of the community as whole
to work out substantial justice between
contending parties pormptly, effective
1y and simply, rather than through
long protracted effort and by means OF
devious forms of procedure.
"In this connection 1T may not be
inappropriate to suggest that a most
vital reform advocated by the Amer
ican Bar association, the official body
of the organized lawyers of America
for the purpose of bringing about a
better condition of affairs in proce-
dure, is to the effect that no judg-
ment shall be set aside for any reason
unless the court to which application
shall be made shall determine that
the error complained of has resulted
In miscarriage of justice. This re-
form has been offered as a vital, sub
stantial and effective remedy for the
correction of existing evils 1t is now
before congress for consideration and
enactment.
'It will no doubt surprise some OF
the. laymen present, though 1t is known
to every lawyer that the California