New-York tribune., 1911-01-20
D|STRUST Of GOVERNMENT
Attorney General WiCkerSham
Addresses State Bar Association.
ROOTS PLEA FOR SIMPLICITY
Decried Bulkiness of Legal Opin-
ions-Committee Names OF
ficers for Next Year.

- ing tonight against the tendency o. poP"'
Ia, 6is,rYst Of various branches Of the gov
ernment
The Attorney General spok" before a"
audience OF more ,aan four hundred jNrls'S
and lawyers. who have gathered IN Sl'a'
clse tor The annual meeting Of the Ne"
York state Bar Association. senator END"
Root presided.
Mr. Wickersham spoke in part as ioi'o"S'
Every candid observer must admit that
higher standard OF morality prtNSahs 49,, ~
day i'm both public and private ne 4 lna44
ever before iu our history. \ more tlS'II
application of this standard is deMdiUSp
IS the peopl" 10 tue conduct oi al, a,ionar TV
cfTned with our government habVl'"'
state and municipal l-,i.
AomiTsde as is this awakened pubic
sentiment which impei> lnS i,', ~ i''tt 10
toward closer popular scrutiny lU.,l,,i.G Ul i.
"details Of government. II g. a('onli'e',t''e, i'',',,
with certain TENDENCIES "h,So ,se 9" ,S,Sn
somc con"ern i'm the minds "i InoSt N.S
most highly applaud the sentiment ana
most sincerely rejoice IN the awakened 'ls'-
Lance of the people
The Attorney General declared that abuse
cf the power Of political organization IN
the past mad resulted I'm popular distrns'
Of them. and this. ne continued, has po-
duced a demand for more direc, partci-
ration ly All the people not only IN party
r,anacemcut but i'm legislation, ana
more immediate control over the adminis-
irativo acts Of executive officers ond even
OF conduct of judges
The speaker made use of meny quota
tons from LEGAL opinions to defend his ar
Cumcnt and declared.
one noticeable tendency today is dis
trust Of the legislative branch OF lhe gov
.rnmsut. Wnl,A mas leo jo Nrlr3Srn tt1-
aFr q
Executive and q decided Complar"hCE III /
the face Of new and unpIcc"u'ulep aSs
tumutions Of power by the Executive. HIS /
tendency rs not az the present m"inrhi 80 I
strong as it has been dUrins the past -" (
. Another Is an impotence Of the in0e-
teudent position of the judiciary. an IN F.
willingness 40 longer COUCede The netN "i
on absolutely UU'raWu'ilei bod\ Oh iuuTsN' /
freed from popular control expected 10 9r- 9r-
eide controversies submitted 20 inri, .nIS
ment without regard 10 popular oPi'lyh %
An5 SIN another is . disposition 10 dis
trust the delegation of any power OF se
lection Of officers of the goNeIumeul any
the substitution 81 popdi4l sefe.,''l NJ -,,,lj
dates from amonE whom such ofheiais (
must De selected. e., ;
eral Constitution devised "a Scuene OF TO- (
resentatiVe republican government. frame" +
IN the lGht uf the experience %. iit @SS5fSI' /
with the powers of government caiti'liH +
dis;rfbugaJ between three equal and CO. .
oIdinste branches limited and dehhed IN 10 .
niggaTaly spirit ana vet WIN q iesu a,.il..
ing hand: eacq one designed to be chfcN
upon liz other and each one confined 10 us .
eeyarste sphere, contributing TO that mar,
monious result about WW'h me EoiFT ~ .o .
aspirations Of the trainers so tondiN ana 30
confidently ciung
After the address the Onondaea County !
Bar Association gave a reception 20 Al /
tornsy General Wickersham. the members .
nf the state Bar Association and it, guests I
~ the Century Club
Address by Senator Root.
senator Root was the principal sDsater
at the afternoon session. lic decried me
restatiug Of settled law in new forms ana
the bglkiRess Of LEGAL opinions and pleaded
.. fpr simplicity ln the administration OF Ia" (
ss woIl-as iu the arumulation cf legislative
.. practicg.. COalt4uHE, 1ie senator Sa'e'
3 wish tuat Oar judges could realize OIL /
t,i4., Vtal so many s0i tutW agree 90
I.lsuuaUy.tudt T-sIaHrG selrr" Id" iH ,
.,r l0rrus. however Wet IL Is u"net CON
Yucatss rather tnul SmIIHrs ih" SH"hhtss
rraUun ut the JAW INeI lN" bI"irS' ~ .
opinions usually answers lhe P'lpgSt 81 4
interest ~ jurisprudence Jdslihfs rFa-
eoned opinions OuN .G,H sonic duesu"o I
uf law rs determined Wnlcu uas not befh |
octcrniued before 10y equal Authority 5..; |
The fewer statutory rates iHer, slefto !
create statutory rights intervening between /
q citizens Uemgud IoT RELIEF ana the court I
Judgment upon uis demand the better /
me more dirtcr and uuhampered 10y tech /
uicdI requirements TIE pathway OF ihs /
sniur from bis complaint \" ms JuasiueI'I
the better. To seems 10 me mat We nay"
reached "a point lU UuI practice where Inc I
appica ion oI this principle requires very f.
thorough and radical aCuon-that mere I'M 4
1roveni-ut OT tue code OF procedure lh lis I
details viii not answer the purpose. CO..
n WOULD be difficult % conceive OF nj /
cation more important or Inole comph- /
Catel tnau the great controversies between 1
1ations which the civilized world rs more /
ana more tending 10 submit 70 the Juds- /
mcnt Of arhlirai tribunals 81, lhT per /
inauent court Of arbitration al The Hague |
as practically no rules OF procedure. Ac- !
cordngiv that great convention, Wmch /
first gave practical form 10 the hopes ana /
aspirations that the apostles OF peace on |
carth had been yoicing for centuries. con
tanned only a few very simple ana iuhud-
mental provisions regarding lHe Gohau4u-
ton OF the court and the way 10 get a ue-
What ! rave in mind may he illustrated
by reference 10 two proboseh li3NislolS
which have been much iaNoreH .S gu wa'
should md ther plan among the simple
and fundamental provisions OF any SSslcin
every case 2 day shall be given WHrn me
Iarties through their counsel, may come
before q Judicial officer informaIIy ioi "a
rule regulating The further procedure IN
the case, covering tie whole grounu @,
lIeadings. bills OF particulars, discovery
of documents deposition OF Witnesses H'oue
Of trial. etC-the SO-Called omnibus sum
mons provision This would he most use
fu1 substitute for the separate. successive
motieps under special statutory provisions
now permitted. yet / can Wen see mat lts
effectiveness would be largely DESTROYED
~ the bar generally We're. 10 attempt 70
eva1e IL instead Of acCeptlng w. GcCl lf!lh
tho opuort1Initiee which II would afford.
The other prYsiOn is that no error of
ruling upon the admission or rtJecuon "I
evidence or otherwise IN uiaI SnaIl he
ground for reversal unless n appears mat
a different ruling would have led to
different Judgment Real acquieSeenre IN
such a rule bv the bar would put an end |
10 the incessant objections and exceptions
which now diSiigure 50 many Of Our trials.
The mass Of judicial reports has grown
so great that IL begins 10 seem as ii be
fore long We shall have to burn our hooks
Ike the Romans and begin anew. And in
deed. where decisions can be found I'm sup
port Of every side Of every proposition
authority is i'm a great mca sure destroyed
and we do begin anew in determining by
the light Of reason which authority shall |
be followed
ON every side the increasing complication
of life calls for vigorous and determined I
effort 10 make the working Of our govern
mental system more simple.
Officers Selected.
The nominating committees report for
the next years officers follows:
President. Elhu Root; secretary, Fred
erick r. Wadhams. OF Albany; treasurer.
Albert Hessbcrg OF Albany. vice-presi- !