Milford chronicle., 1911-06-23

In this busy and practical ag
the courts have not escaped attack
and there is no reasons why attacl
should be deprecated or feared
Courts are not above criticism, an
1t should be profitable and gladly
received, provided it is intelligen
and fair. Courts are neither fire,
from error nor above the law, anc
the people have a right to require
that judges as well as lawyers shall
be honest, capable and true.
None Of US, l am sure, is un-
mindful Of the fact that there is
much adverse criticism in these
days respecting the laws delay, and
We are bound to admit that some of
it just and true. Itismanifest that
if the confidence of the people, and
especially business men, is to be re-
tained, some improvement must be
made in legal procedure and admin
istration. Business men are quick
to act, and they cannot understand
the tediousness and the technic-
alities Of the law.
DELAY MEANS SOMETHING WRONG.
when it requires days, and some
times weeks, to impanel a jury in a
single case, they believe there is
something wrong. When several
years intervene, as is often the case,
between the rendition of judgment
in trial court and the final decree
in the court of appeals, they will lis
ten to no excuses.
When large assets are exhausted
IN the payment of expenses and
costs, and there is little if anything
left for the creditors claims, they are |
utterly unable to understand. When
the costs of appeal are so great as to
make it available only for men of
it is said that the law is not
Tor the poor, or even for those Of
moderate means"
Justice Pennewill stopped and
ooked at the judges and lawyers be-
ore him. Then he added
1T is time that something is done
o shorten the delays, to avoid the
expense, to lessen the technicalities
# the law"
Procedure may be simplifed, ex- {
lenses may be reduced, and
peedier results may be obtained. l
here is unquestionably high and
ressing duty resting upon the pro.
sssion to effect some improvement a
long these lines. They should find n
nd apply the remedy soon. V
There is no doubt that the laws J
clay and the laws expense are Il
fused more by the right of appeal u
ian anything else, and that nothing al
ould tend more to remedy such "
rOngs than a reasonable limitation ST
restriction upon such right. If
ere was but one appeal allowed in G
y case, would not the rights of 81
lgants be sufficiently protected? al
Applause interrupted the jurist. n
ter it had subsided, Justice Penne- te
il went on to speak of the LAWYER pr
apart from the Judge, saying, H
There Is no one who sustains mi
IRE confidential relations with
lers than the lawyer with his
ents, no one who is so largely
sted in business affairs, no one
o has a better opportunity to de-
We and defraud, no one who is
Iected to greater temptation to
wrong if the moral fiber is weak.
1 yet, the instance is rare when
clients confidence is BETRAYED or
$ wronged by his counsel in per-
or estate. "
HONEST JURYMAN Is JUST.
rolonged applause greeted this -
'mlum to the prscticihg law
1t was the only bit of COM q
the speaker had to extend. OF
jury system, Justice Pennewill
,e in candor, admitting the diff
in getting the right kind of
st lurymen, and yet he seemed -
fed that the jury ordinarily
s a case Of its technicalities and A
les a decision in line with justice. unic
efore, Justice Pennewilll cried hea'
-et not the hand of the reformer wal w aL
e down the old jury system JeIn !. IN
b has been the Distinguishing his I
re of the law among English W
ting people in the years that ther,
.one. Nothing better has vet lie
suggested. Nothing has been ooo.