The San Francisco call., 1910-02-03

where the RZHA>EIA5B
system of juris-
prudence has be Judge sturtevaHt
come a public issue
The members OF the bar association
ElI address themselves 70 the follow
sig resolution:
Nv heress, numerous complaints have
been made by members of this associa-
rion. wherein it is repeatedly charged
that the calendars of some of the
courts Of this city are needlessIy con
eested; that some Of the judges are
6erelict in their duty. neglecting TO
expedite tie business in their courts
and withholdiRg decisions for an un-
FHssona ole length Of time. thereby
causing serious Inconvenience to Iiti-
giants and attorneys and causing
serious ana evoidable delays in the
s5uinistratiOn OF justice:
Therefore, be X resolved that the
president Of this association be author
sized and directed 70 refer the matter
- CHE association for such action as
II may deem appropriate TO relieve said
conditions"
LAW FAyORs SPEEDY TRIALS
Local attorneys except few of the
Judges from the charge Of needless
estimation. Judge Sturtevant's s
calendar is kept clearer than that of
most Of his associates on the bench
He believes that Justice Brewer has
reached the core Of many Of the evils
Judge StGrtevant is or the opinion
Lla- reform is not needed so much in
the california procedure as in the
conduct of cases in court He said yes
uer6ay:
The laws are adequate for the
speedy trial Of cases IL the procedure
OF the courts, as provided for in the
statutes, was more rigidly enforced
and lived UP to by the bench, the bar
and rho public. There are many bust
1e smen VINO delay their appearance
in court. in spite Of the urging Of their
x rleys because they think that since
1hf- elect the judges the courts may
Wai- upon their pleasure III hearing
cases
OBIIG ATTONS OF JUDGES
-It is The Judges obligation to bring
case 10 trial as soon as possible in
soc0r6 with the interests of the
1itigau1s. But many lawyers seem TO
dread the ordeal OF trial Lawyers,
many times. prOcrastinate and in that
N7aT cause enforced delays which could
Be o5viated if the lawyers had more of
E spirit Of cooperation with the court
B. judicial expedition
The Judge should not entertain too
snsuy motions for continuances Of the
1slain hearing Of cases. I have notices
llat rontinuances Of g case set for trial
are not asked for frequently by attor-
sezs who are experienced IN court room
ra-orE- ] could name many leading law
5-ers whose work brings them frequent
3 r. into the trial courts. who seldom
kek for 4 continuance.
-It IS chiefly the inexperienced young
EC&n or the lawyer OF matured years
who has been doing an Office practice
e~' who has become unaccustomed TO
Hppeerlng in court, who ask for the
cons uuanees- 1T is often like pulling
7eesh 10 get them 70 come 10 trial. They
oree1 the ordeal
ATTORNEbS SHOULD Bic READY
"Iu The matter Of appeals. if the
judges should get into the habit Of at
tending to Things on the minute there
woUld be far less delay. Attorneys also
could expedite their work by having
taeiJ bills Of exceptions prepared and
ready for submission TO the court at the
dine the trial is concluded
-It has been my practice not To grant
conrinuances freely il the attorneys
for both parties are in court when a
motion is made for continuance or
p0stp0nernent Of discussion Of 4 legal
point 7 usually order an immediate
hearing.
Tn my belief the appellate laws of
1his state ere adequate. The Califor- /
rte law provides in the greater num-
ife- II cases for but one appeal That
IS 2 case may be appealed from the
5Hsrice court To the superior court and I
20 farther and another case may be 4
appealed from the superior court 10 the /
appellate or the supreme courts When 1
2 case is appealed from the appellate /
10 l1e supreme court il Is not really
sn appeal The supreme court merely !
reviews the case as il was presented I
70 the appellate court.
NEED FOR GOLDEN RULE
Justice Brewers opinion that judges
should be elected for longer terms is /
sound The views II the Justice on
the ethics OF the legal profession are
certainly sound But the best way to
incuicste ethics in the legal profess
sion would he 10 have a lot OF copies
Of the golden rule struck of and dis
lrihuted.
-The bar association and the courts
themselves should deal most vigorously
with attorneys who violate the ethics
Of the profession Those forces should
rise ia their might and crush every |
man who attempts TO violate the rules
OF right living and right action.
Jurors, too, should have a greater
respect for their duties. Theodore
Roosevelt, In his letter acknowledRfne
his nomination, said, We have never
taken refuge behind criticism and com
plaint instead of action That is the
best statement of the general propo-
eirion that has caused juries to 20
sNrv by acoUitting q defendant with
the recommendation that there be q
change in the law The laws are gen
orally adequate. and in such an in
stance the jury would be wrong"