Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-01-02
TIIE IAMYER sYsTEN.


THE LAWYER SYSTEM
In his article in Colnsr's Weekly
.on the breaking down Of the admin
stration Of Justice in America. Mr.
Earl snyder emphasizes "the extraya-
.gnnt cost OF the law" incident to IAN
hrmy Of judges In delaying and de-
Beating justice with innumerable re-
eraala"
The injury 70 justice growing out
'pf the granting OF new trials for tech
snical errors has Tor years attracted
ahe attention, not alone Of the pub
&c. but OF judicial reformers and OF
pther public men. Mr. Roosevelt and
Afr. Tart have directed official utter
ences and private addresses 20 the
Seed Of amending court practice so
hat no judgment OF trial court. In
lther a civil or criminal case.
hould be reversed except for an
error which deprived the defendant
r the losing party Of some substan-
nl right.
At least one-half the work OF all
bur courts Is in retrying or rehearIns
B appeal cases which have already
been tried and heard. And the ordi-
barry trial Is dragged out beyond reas-
nable length because the trial judge
badgered by attorneys and worried
~ the fear that he will make some
technical error in the mere form Of
procedure.
This means not only that people
eeking Justice are delayed IN gettinG
heir rights. but that probably twice
$ many Judges have TO be paid Al
Fould need 70 be paid II disputes u
he courts were settled on their mer.
ts.
And yet that cost OF unnecessary
idRss' salaries and unnecessary az.
endant court costs are comparative.
nv but a drop In the bucket 20 tbs
isinitely greater wasteful extrava'
pnce Of the lawyer system Of admin.
terlng tastlee-~or injustice,
IN ali the United states there ars
bout 5000 judges--as Mr.. snydei
FiimatfF. n Bus ~ New Y9Ek nIss
lone there are over sixteen thousand
wyers. And the salaries Of ths
est judges are not "a tenth tho feet
the corresponding best lawyers
he system has been 80 devised thai
man cannot turn around without
aving lawyer DO II for him. Not
ply IN the courts, but In nearly every
1lmRte relation Of life some form has
be gone through with which brings
an attorney-at-law at some stage
the proceedinEs. Yet these forms
ese proceedings are ali so confused
nd uncertain that no one knows jusl
hat they are. or what the effect o.
hem win be.
The idee that a plain and eommof
nse citizen should simply so 20 his
eople'a court. hla government
burt. and state his case and set hli
ghts. II he has rights--that idea Il
absurd TO the lawyer that the'
nve a proverb: "A man who takel
Is own case 70 court has fool fol
client" And he has, too, undel
ar present lawyer system. For h
Fan be trlpped up al the first steI
little rules OF the game which tn
wyera haze devised, and the couvt'
lll be poweriess 70 help him.
mr.. snyder has found Il hare
nough 10 estimate the cost even o.
Unnecessary judges. no one has ye
ckled the enormously mere diffi
lli task OF approxlmatlng the cost o.
wyeFs--or. rather. the cost OF TN
wyer system. II would be pFoba
N impossible 10 come anywhere neal
correct estimate. For Il Is par
the inquiry OF the system that Jus
Be- is not administered free, tha
e are paid privately and that sum
ceiyed IN Judgments are "whacke'
b. between client and attorney.
But when one storS 20 conside
az every lawsuit means az least tw'
81 10 lawyers; that this great stand
army OF n0n-producers forms on
the most numerous, most wealth.
nd most powerful GLASSES IN our 20
ely. when one considers that a ca
ble judge makes great financial
crifice IN ceaslng 10 be a practicin
wyer-when one considers thes
inss one sees that the cost Of Oh
dicial system IA small indeed com
red 20 the cost Of the lawyer gya
m.