The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1911-05-01
CONFUSION WORSE
THAN COMPOUNDED
WOULD FOLLOW SHORT CUTS TO
JUSTICE
Bill to Abolish TechnicaIities
In Orderly Manner

Tallahassee. April 30.-war is on be-
tween the executive and judiciary de-
partments of the state. Hostilities
have not been openly declared, but
there Is a determined IL not acrimOn-
ious anita sOnism between the two de-
partments, Ihe one represented by the
governor and the other by the supreme
court. Between the two IL seems prob
able that the legislative department.
being the third of the coordinate
branches OF government, must intervene
and bring about a conclusion Of the
differences. The clash hinges upon the
technical administration of justice. In
his message the governor devoted sew
eral pages 10 the discussion of the
methods OF pleading and practice in
Florida courts. He cited certain cases
which he claimed sustain his conten-
tion that the supreme court permits
technicalities to circumvent justice.
Supreme Courts Answer
With the idea OF remedying this de-
feet of the system, the governor rec
commended that a law be passed TO
abolish technicaiities in court proce-
dure where such technicalities inter
fered with the administration OF jus
tice. II is to this proposition that the
supreme court gives the governor the
scornful "ha-ha"'
He would have US abolish the law"
they say. Let every judge do what he
thinks is right regardless of the law:
one judge would think one thing. an
other judge would reach a different
conclusion. and we would have a beau
tiful system in a short time. wouldn't
we. II was because of this that We
have law. it is because OF this that we
must be controlled by law rather than
by the various opinions OF men a TO
what i right and what i wrong. Ii j.
true that the law j. administered by
men. a fallible agency. but il is the best
system we can get"
But the members OF the supreme
| bench see what the governor is aiming
at, and they are willing TO help him
reach his ends, because they all are in
terested in an Improvement OF the sys-
TEN With this end in view Judge VIM
/ III. Hooker, associate justice. has drawn
a measure which has been introduced
/ by Representative Winthrop. OF Leon.
/ This bill has whereas which sets
/ out the following clause:
| The system of pleading and prac-
tice in this state is founded on that
of England existing in the year 1776.
!
made subsequently by our constitution
and statutes. this system was abolish
ed in England in 1873. after long and
! repeated efforts. 20 amend IL as to
meet the eXigencies OF modern life and
business: in England and in many
states OF our Union a simple system
has been adopted better calculated TO
meet the ends OF justice and facilitate
the speedy settlement of litigation -
and hereinafter follows the bill which
authorizes the judiciary committee TO
meet in joint session and select a com
mittee Of three lawyers a a commits
sion TO carry out the purposes of the
act, which are TO examine the systems
of pleading and practice in vogue in
England and in other states OF the
Union and To report TO the next ses-
sion of the legislature a system. en-
bracing common law and equity pro-
cedure which may simplify the ad-
ministration of the law and promote
the ends of Justice"
Il have no axe to grind in this mat
ter" said Judge Hooker. but il is OF
the greatest Importance that the legis-
lature and the people understand the
operation OF the system of pleading and
practice under which We labor and
what steps are necessary to change it."
Justice Hooker says that he has re-
quested a hearing before the judiciary
committee OF the Senate, more fully
to explain the objects OF the bill pre-
sented by Mr.. Winthrop. The House
Judiciary committee reported the bill
without recommendation. The courts
are subjected 10 much criticism" said
Justice Hooker. which il undeserved
simply because the people do not IN
derstand They have no newspapers u
talk for them, because there are few
newspaper men who are versed in the
law. or whom understand the forms OF
practice and rules by which the courts
are bound"