The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-08-30
DELAY OF THE Law
FRUITFUL SUBJECT
Which Was Dealt with by the
American Bar Associa-
ton Today.
National News Association

BOSTON. Aug. 30.-"Delays of the
Law" and unnecessary cost in litiga-
ton, dealt with at great length in the
report OF the special committee of the
American Bar association. occupied
the chief interest at today's session
of the thirty-fourth annual convention
of the association. meeting in Hunt
ington hall Many and varied were
the recommendations made by the
committee. one of the largest in num-
Der of members in the association.
Changes in the method OF taking
and recording testimony and in the
regulation of appeals were among the
most important general suggestions
made by the committee in it's volumi
nous report.
The special committee was appoint
ed at the meeting of the association in
1907. and continued at each annual
meeting since then being charged with
considering the alleged evils in judi
cial administration and remedial pro-
ceedure, suggesting remedies and for
'mulating proposed laws. Its report
shows 1t to have been one OF the most
active bodies in the country toward
correction of imperfections in national
institutions.
d. Paper by Judge Brown.
: Today's session was opened with
the reading Of paper by Justice Hen
ry B. Brown of the u. S. Supreme
Court, retired, on THE New Federal
Judicial Code" the discussion OF which
was joined in by many of the dele
gates to the convention. Then follow
ed the report of the committee on
Compensation tor Industrial Accidents
and Their Prevention, the Committee
on Courts of Admiralty, and the Com
mittee on Government Liens on Real
Estate.
One OF the most important SUBJECTS
considered by the special committee
on remedies towards prevention Of
delays was the preparation of bill
providing for the abolition of differ
ent forms of procedure between ac-
lions at law and cases in equity in
the Federal courts. The committee
reported that in the Committees Of
Judiciary in both the house and SEN
ate, the bills to this effect presented,
by the association committee were OBJ
Jected to on the ground that their pro-
visions would interfere with the pro-
vince of jury. But the associa-
tons committee declared to the con-
gressmen it's opinion that, instead of
impairing the value of a trial by jury
the amendments proposed tended to
increase it's value and to promote the
determination of cases upon the
merits, rather, than upon technical OBJ
jections which do not affect the
merits. and to which juries pay no at
tention. "By giving more finality to
the verdict of the jury" says the
committee, rendered when the facts
of q case are fresh in the memory of
witnesses, and permitting the ap-
pellate courts to pass directly upon
the questions of law involved without
the necessity of ordering a new trial.
would make II possible to terminate
every cause upon it's real merits, pre-
sent these merits fairly to the court
and put an end to the litigation as
soon as this can be done consistently
with giving a full and fair hearing to
both parties.
1--WE could not discover that there
was any objection in either congress
sional committee except that arising
from a conservatism which Is reluc-
tant to make any change whatever.
Nevertheless our efforts failed to OBJ
tain report to the house or the sem
ate from the full committee of either
body"
Stringent Regulations.
Other bills suggested to congress by
the associations committee would
make more stringent the regulations
In regard to ''writs of errors" appeals
in criminal cases and "habeas corpus"
proceedings. Some members of each
Of the congressional committees
were unwilling to put any limitations
whatever upon the right Of appeal and
criminal cases, according to the report
OF the associations committee.
The committee reports that bills for
this purpose similar to those which
II advocated before congress had been
passed by the legislatures Of Kansas,
Illinois and Wisconsin, to apply to
the state courts. and that they are
under consideration by the legisla-
lures of Ohio and New York.
To decrease the expenses in pro-
ceedings of appeal and writs of error.
the committee discountenances the
prevailing system of Clerk Fees, de-
claring that "the expenses of the ad-
,ministration Of justice should not be
paid out of the fees exacted from suit
ors. The country can better afford
to maintain its courts and provide
from the public treasures for all suit
able expenses OF the administration OF
the law"
Another recommendation of the
committee which it reported was not
approved by congress was for the ap-
pointment of stenographers in the
Federal courts. and the fixing of their
duties and compensation.
An Early Antitrust Law.