The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-04-29
War on Between Governor
and the Supreme Court

Continued from First Fage)
book, showing decisions by which due
process Of law has run roughshod
over justice" Then the governor cites
certain cases which he claims to sus-
tain his contention that the supreme
court permits technicalities to cir
cumvent justice.
RECOMMENDS A LAW.
With the idea of remedying this de-
feet Of the system, the governor recon-
mended that law be passed to abol-
fish technicaIities in court procedure
where such technicalities interfered
with the administration Of justice. 1t
is to this proposition that the supreme
court gives the governor the scornful
"ha-haI"
%ae 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 think,
another judge would reach different
conclusion, and we would have a beau
tifuI system ina short time, wouldn't
we? 1t 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
as to what is right and what is wrong.
It is true that the law is administer
ed by men, a fallible agency, but it 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 are all interest
ed in an improvement of the SYSTEM
What is known as the code system
has been proposed for Florida; it was
adopted in England after commission
had been at work for fifty years in
trying to improve upon the old COM
mon law system which had been ir
vogue for so long and was so notori-
ously ineffective that it had come t.
be the subject of criticism and jes
by the writer's of the day.
LAUNDERING AND IGNORANT.
Mr.. Gray, of Gadsden, has presented
bill in line with the recommendation
of the governor. which the representa-
tive claims has been endorsed by the
American Bar Association, and thu
principles Of which have been Endorsed
by the Florida Bar Association. ThiI
is the bill to abolish technicalities. L
is this which certain members of the
supreme court regard as being danger,
Gus under the presnet system. 1t II
necessary to consider the technicalitiei
because of the law. If the condition Il
to be improved there must be a chang
in the system, and the root of thu
evil is to be struck at. The troubl,
has its foundation, it is claimed, il
the ancient form of pleading and prac
tice used in Florida, the multiplied!
of forms and other natural accom-
paniments of the system that cal
never be changed or improved unit
the system is changed. With this enc
in view Judge William H. Hooker, as
sociate justice, has drawn a measure
which has been introduced by Repre-
sentative Winthrop, of Leon. This bill
has a whereas" which sets out tn,
following cause:
The system of pleading and prac
tice in this state is founded on that o
England existing in the year 1875, will
such notifications as have been made
subsequently by our constitution anC
statutes; this system was abolished il
England in 1878, after long and repeat.
ed efforts to so amend it as to NEE
the exigencies Of modern life and bust.
ness; in England and in many state!
of our union a similar system has beer
adopted better calculated to meet tn,
ends Of justice and facilitate TIT
speedy settlement Of litigation" anC
Hereinafter follows the bill which au'
thorizes the judiciary committees t
meet in joint session and select a com
mittee Of three lawyers as a commits
sion to carry out the purpose of tn,
act which are to examine the system
of pleading and practice in vogue II
England and in other states Of tn,
Union and to report to the next SEES
sion Of the legislature a system, EN-
bracing common law and equity pro
.cedure which may simplify the ad
ministration of the law and promot
the ends of Justice"
I have no axe to grind in this mat
ter" said Justice Hooker today, ''bu