The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-10-21
E UP JUSTICE.

There is scarcely an American citi-
z~en-outside the lawyers-who do not
wish a reform in our procedure. To
the credit OF a large number Of them.
some lawyers are also anxious for the
same results. All reading and think
ing people are conversant with the de-
lays that surround the administration
OF justice. The courts are entangled
in a hopeless web of red tape and tech.
nicality
Some years ago Judge Amidon of
Fargo attracted considerable atten-
ltfon by an. address he delivered before
the American Bar association. urging
reforms along these lines. Since that
time h canse has gained many prom
inent supporters. In time-all Iegiti-
mate reforms, unfortunately come
ielowly-there may be changes by
which justice will be expedited. The
North Dakota courts are suffering
from the same paralysis that has af-
fected the temples of justice elsewhere
despite the fact the supreme body is
composed of men who are disposed to
take short cuts and eliminate all the
red tape possible.
In a recent contribution to The New
York Herald, Justice Henry Bischoff,
lot h supreme court Of the First New
York judicial district, conservatively
estimates that civil business in the
courts of that state could be expedited
30 per cent-if the code of procedure
were thoroughly and t~emperately re-
vised. He makes no attempt to ap-
praise the delay on the criminal side.
1t Is reasonable to assume that the
same is true of North Dakota and vir-
tually every other American
wealth.
Justice Bischoff's ANALYSIS is made
specifically with reference to New
York-but it's essentials apply in gen
eral to the various states-not even
the federal courts being immune. In
other words, according to the state
nent of this expert, civil business is
going forward in the courts at approx
in1ately half-speed. It proceeds at
much less than ~half-speed in the Grim
insl courts.
Justice Bischoff lays the blame in
New York upon the legislature, which
handicaps the courts with intricate
procedure-all of which makes for de-
lay rather than progress. Whether
procedure is devised by the legislature
or the courts itself, the sure spectacle
Is everywhere prevalent. Calendars
are glutted. Causes-both in trial and
appellate courts, that should long ago
have been disposed of-hsng on in
terminably.
Many lawyers plead that reform
should be attacked ~gingerly, and that
the evil is overrated. All that is need
ed to meet this argument is the fact
that it is common to see a litigant of
small means crowded out of courts
10y h litigant of large means-techni-
lcality and devious procedure-every-
thing but the issues-being used as
weapons to that end. The same condi-
docket
1t is not that this country lacks suf-
f%ffcient courts to administer justice
1t Is no wonder that-with techni-
cality and not merit holding the whip
hand-the dockets are congested and
the ratio of criminals rises out of all
proportion to that in other countries.
Until the people back up committees
of the state and national bar associa-
ttion with demand for a revision of
procedure the law will still be per-
tverted IN this country. The United
States will still be branded as a ma
ton OF murderers." The legal institu-
tons will be threatened by the D
larity Of radical-rather than temper
ate-means Of remedy.
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