The Birmingham age-herald., 1912-06-13
COURT PROCEDURE
 IS 100 YEARS OLD"
Percy Speaks at Luncheon
 on Law Reform"
GREAT NEED OF SPEED
Does Not Criticise Judges-Court Pro- cedure Demands Economy and Speed-More Judges Than
 Much Larger County

In a speech before the weekly lunch con of the Chamber of Commerce at the Gold Lion tea room yesterday noon Walker Percy declared that the laws of the state were administered no bet ter at the present time than they were loo years ago.
 The subject of Mir. Percy's address was Law Reform" his remarks in part being as follows: Tn a small country town a prominent lawyer is notable figure. The court takes the place of the operas or theatres and the popu- lace crowds to the court room every time there is q trial. However, It Is different in Birmingham, for few Bir- mingham people go to court, because it is the material things that count with them, and it Is right that it should be so
 "The lawyer is not a producer of wealth. He. like the physician, Is an unfortunate incident in our civiliza- tion. To the people of Birmingham the courthouse has become a distaste- full place. It represents to the bus mess man a loss of time from produce tive effort. He loses time on the jury and loses time when called on as wit ness.
 Speed in Law
 Tt is to the interest of the Birming ham business man that the law busl- ness of the community should be speed fly and economically dispatched. This is an age of material progress. but we don't administer the law any better to- day than we did 100 years ago. The man who has the right to be vindicate is not able to obtain vindication either speedily or economically. I don't crit icise the judges of the county. The members of the bar as a rule are hon. orable men. The judges, both local and supreme, are conspicuous for their industry, their devotion to duty and for impartiality
 What have we to complain of? It Is that our law business Is not speed fly and economically dispatched. We have 10 judges in this county--more than there are in any other county In the United States with twice the pop ulation that we have. If an emp1oye of plant gets his leg cut off he will perhaps get his case set in three to six months.
 Not enough importance is attached to speedy litigation. The judge should have the right to express his opinion upon the credibiilty of evidence or witnesses At present he is on the bench for the sole purpose of passing upon objections by the lawyers. and he is not permitted by law to give his opinion. l think that the United States court in Birmingham comes ss near dispatching its duty right as any court in the land. Let the judge com ment on the evidence. What would have come of the Morse and Walsh trials if they had been held in our courts?
 Increase Judges Powers
 'Give the trial judge increased powers. Give him the right to charge upon the evidence. And another pont-when a case is appealed and the judge, if in look ing through the evidence makes a mis- take before the case is reversed, let the supreme court read over the entire tram script and they should never reverse a case If they thought that substantial jus tice had been done.
 Our idea that 12 men must agree be- fore they bring in verdict is fundamen- tally wrong. Many of the most prominent cases in the country have been decided by the supreme court by a vote of to f. In the case of 12 jurymen, If there Is going to be anything crooked. 1t is mighty easy to find one man. I should say, let the proportion be a vote of g to g. I don't be- lieve In any revision of the entire sys- tenn.
 The law that a man injured in a cer- tain way should receive damages and the man injured in certain other way should not, is barbarous and should be changed. I believe that the passing of a modern workingman's compensation act by Con gress would be of great benefit to the country" MT. Percy also recommended the combining of the courts.
 The address yesterday was generally considered to have been one of the best ever given at the luncheon. There was an extra large crowd present. which list ened attentively to MT Percy. The next luncheon of the Chamber of Commerce will be held next Wednesday noon at 1 o'clock at the Gold Lion. The speakers 0f1t ha lot