The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1912-12-20
TO DO AWAY
WITH TECHNICALITIEs

We note with much pleasure, says the
Lakeland Telegram. that Mr. Justice
Hooker of the supreme court of Flor
ida. an able turist and man excep-
tfonauy strong in character, has de-
cIared himself for law reform IN Flor
ida. He is in full sympathy with the
cause and wants to see our system OF
court procedure so changed that all
needless technfcalities will be elm
mated to the end that cases may De
tried solely upon their merits, unem-
barrassed as far as may be by mere
forms of law and minor considerations
not essential in their character.
Judge Rockers robust intelligence
and deep-seated sense of justice are
too strong to permit mere veneratlon
for ancient methods to outweigh IN ms
mind the clear necessity for new
system adapted to a new day, and II Is
refreshing TO read his clear forceful
words on the subject. He contributes
an article entitled, How to SlmpIlfy
Judicial Proceedings to the Christmas
edition of the Pensacola Journal ana
his opening paragraph fully recognizes
the need for reform:
For many years the great majority
of lawyers, laymen and, perhaps
law and chancery procedure which we
inherited from England was too tech
meal. complicated and difficult of prac-
tical application to sat sfactorily deal
with the varying conditions and ex-
igencies of modern life"
He then goes briefly into the history
Of the reform of English court proce-
dure beginning in 1923 and ending in
1873. showing how common law forms
and technicalities there had been swept
away, and adds:
MANY lawyers, especially those who
are particularly skilled in an existing
system, are naturally disposed to look
upon all innovation with suspicion and
dislike. But the great bulk of intel
ligent men among English speaking
people can see no necessity for doZ-
en- different forms of common law &C
tons and pleas and a peculiarly tech
meal system of chancery practice
when the object of all pleading is tc
get the facts before the court and jury
It is upon the facts at last that the
merits of cause must depend"
This is pointed and satisfying and
expresses with admirable clearness
what the Iaity-the chief victims Of
technical distractions in our existing
SyStenl-tnlnk ABOUT the mater. JuuSt
Hocken then tells of two bills he pre-
pared for the legislature of last veal
designed to secure through a commits
sion a more simplifed form of plead
ing and practice, neither of which be
came law. He also speaks of the worl
of the comm ssion subsequently ap
pointed, which he hadn't examined a
the time he wrote, and concludes hi
article with these decisive words which
will be cheerful reading to every maj
who wants to see our courts fully es
tablished in the confidence of the PEG
pie by the fair and speedy trial o
every case upon the merits, and moth
ing but its merits
MY views are the result of som
years of study and reflection upol
actual conditions, and my opinion i
that our old systems ought to b
abolished, and that a simple and plai
system for getting at the actual fact
of all controversies should be adopted
IF such a system were found upo
trial TO be imperfect or defective, lie
it be amended as such defects or imper
fections appear, and to this end all tn
courts ought to be authorized and di
rected to report to the courts such de
fects as are encountered in the actus
administration of law"