The Birmingham age-herald., 1912-08-30
SCORE ADVOCATESOF RECALL OF JUDGES Kellogg Elected President of
 Bar Association SESSIONS ARE OVER Judson Speaks on Need for Reform in Judicial Procedure and France
 Says Lawyers Are on
 the Defensive
SESSIONS ARE OVER

ton at it's closing session today to de- scribe those who seek judicial reform through the recall of judges The asso- ciation after going on record as opposed beth to the recall of judges and to judi oial decisions declared that other meth eds must be employed to prevent delays in law suits Various committees were appointed to report on plans for expe- citing court procedure.
 Charles A. Boston. New York, asserted that one means of lessening criticism of the bench would be to provide for judges u written code of ethics such has been put into effect by various state bar associations for lawyers
 Henry D. EstabrooS, New York; after asserting that judicial recall was being urged by "one-eyed leaders of the blindn said:
 Tt is proposed to recall judge from his high office to obscurity or disgrace whenever he decides case, not necessa- rlly contrary to law, but contrary to what q number of people in his vicinity regard as law. It Is proposed that a clique Of voters may set in motion the vast and expensive machinery of an election for this purpose whenever and often as they see fit. It is proposed that the issue shall be determined not by a majority vote of all eligible electors who are per laps indifferent to the proceeding but by a majority of those actually voting on the particular issue and who are pas sionately alive to if.
 Here is ar amplfication of trial by jury that transcends all idea of law or justice; where tho judge himself is prls- oner at the bar, accused of no crime nor of anything in particular, without benefit of counsel or power to summon witnesses not even to be confronted by his ae- cusers. It is a dastardy. cowardly, cruel contrivance that would make the iniqulty of the inqulsition almost respectable by comparison"
 The election of Frank B. Kellogg St I aul. Minn.. as president brought the convention 10 a close. New directors elected include William II. Burges Of Texas.
 The American Institute of Criminal Law and criminology allied to the bar 1 association began it's fourth annual meet | irg here today
 Judson Speaks
 Frederick N Judson. speaking on 1 Procedure in Our Judicial Systems" said.
 Tt is no exaggeration to say that the judicial procedure of the United States is now on trial before the bar 1 of the public opinion Of the country and even of the civilized world. This | public arraignment of our judicial procedure has appeared not only in our state and American bar associations, l but In the popular press and this pub l lie arraig nment has been voiced by our l foremost citizen. the President of the l United States, himself an experienced l turist who has declared that the most .t..t.. fYsI 1 civilization is in the administration of | justice. both civil and criminal. l This subject is not new in this as sociation. Some 20 years ago search l ing investigation was made of the causes of the delay in the administra- ton of justice and 1t was found then that the average length of a civil law suit in the United states then varied from year and a half to six years. The special committee appointed by the association for this investigation re- l ported that if 1t were possible to put into 10 words the chief causes of the delay and uncertainty in our judicial administration, they would say: Com plex procedure, inadequate judiciary, procrastination. retrals. unreasonable l appeals and uncertain law
 The True Remedy
 "The true remedy is that which is
 now being pursued by the supreme
 court of the United States in the re-
 formation of the equity procedure of the federal courts. and that lies In | the repeal of all statutory rules of procedure and in leaving the details to be controlled by the judges under rules of court made from time to time a soocca sion requires. This is the reform which has practically worked a revo- lution in the judicial procedure of Eng I tvb tat, bao n1ta of practice from their appellate courts. and this is the reform which Is now being urged for adoption in many of the states by the local bar associa- tions.
 "This deplorable inadequacy of our judicial system, which is so sharply contrasted with that of other coun-
 tries, has been developed, at least in the state courts of the United States during a period of legislative activity | which has been directed against the common law independence of the judges and has resulted in effectively
 limiting their power. It has been a period of progressive characterization of the courts which apparently has not
 the states judges of the state courts | are nominated and elected by the peo- pie.
 Three States Have Recall
 Three of the states have adopted the principle of direct judicial recall, so
 that the judges who made unpopular decisions can be summarily removed from office by popular vote. Tn many ] states the judges are subject to re- call hardly less effective. by the short | judicial terms which require them to submit to the judgment of the voters at frequent intervals.
 l This is the judicial procedure which has proven inadequate for the demands of busy commercial age and has re- suited in congestion in the appellate courts of many of the states. which has l caused delays which are / in effect . practical denial of justice. The in- structive and impressive conclusion which we must draw from this conaid- eration is that the only effective rem edy for this deplorable situation Is the vesting of a larger discretion in the | judges. so that they may disregard | technica1iffes. regulate the rules of procedure. and inaugurate a reform of the anomalies of our archaic rules of evidence. We must therefore. retrace our steps and vest not less but more in dependence in our judges" Lawyers on Defensive 1 Joseph c. France in an address on Lawyers said in part:
 "In popular speech and literature the lawyer is standing at the bar of public cpinion--on the defensive. The season crop of addresses touching our ethical obligations is already large; and the situation demands respectful attention. If all we like sheep have gone astray,' it behooves us to mend our ways. What, then. is the complaint against the lawyer? think 1t would run some