The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-04-20
THURSDAY, APRIL 20. 1911.
Should Abolish
Law Technicalities.

II any one part OF Governor Gil
christ's long message was Of more i'm
portance than another to the state Of
Florida, that part in regard to the
eliminating of technicalities in the
courts. is easily the one
The committee did not report favor
ably on this proposed legislation and
unless the matter is reconsidered at
least two more years will elapse before
It can again be brought up for action.
The Journal wishes that the governor
would send a special message to the
. legislature and again call the attention
of that body to this damnable evil of
Sechnica1ities.
In Florida we do not need new laws
so badly as we do the enforcement Of
the ones we already have but under
the present system when a lawyer or
the court makes one slight slip in
whether it has resulted in the miscar-
riage of justice or not, then the su
preme court may reverse the decision,
or allow a new trial.
What we want is some means of
having the courts mete out justice
swiftly and surely. Especially is this
necessary in our southern states where
the population is a mixed one and
where decisions are almost daily re-
versed and justice is cheated.
The American Bar Association, the
Florida State Bar Association, Gov
ernor Gilchrist and Attorney General
Trammell have asked the Legislatures
to take some steps to improve the laws
in regard to procedure, and to elimi-
nate technicalities. Park Trammell, IN
his recommendations to the legisla-
ture, said:
Renewing my recommendation of
two years ago, I would suggest the
passage of the following measure. to-
wit: No judgment shall be set aside,
or reversed. or new trial granted, by
any court of the state of Florida in
any case, civil or criminal, on the
ground of misdirection of the jury or
the improper admission or rejection of
evidence, or for error as to any matter
of pleading or procedure, unless, in the
opinion of the court to which appli-
cation is made, after an examination
of the entire cause, it shall appear that
the error complained of has resulted in
a miscarriage of justice.
Just why the recommendations of
the governor and attorney general
have been ignored we cannot imagine.
When the technicalities have been
eliminated the courts will not have
more than half the work they now
have and crime will be greatly re-
duced. We need to make the criminals
know that when crime is committed
there is no loophole through which
they may crawl and that they must
suffer the penalties Of the law.
There can be no real argument
against this except that brought by
lawyers who would continue the sys-
tenn because it is fee-produoer. Some
OF these say that it is practice be-
gun years and years ago and that Il
cannot be abolished. This is not true.
1t has been abolished in England for
thirty years.
~F1oridians should rise up and de-
mand that their representatives go into
this matter. The cry is coming from
every section that the department of
justice be conducted in keeping with
the name that it bears.
This has been one of Governor Gil
christ's special hobbies ever since he
has been governor. He has been
watching the courts for many years
and knows whereof he speaks when he
SAYS that justice in the courts is be-
coming a farce.
The Journal wants to impress It upon
the legislators that this is one of the