The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-06-12
NEEDS ABOUT LITIGATION.


n known that very much of this litiga-
o ton is fictitious from any real legal
= standpoint or any reasonable hope of
r gain thercfrom. Take the ease of the
actresses, for instance, who lured Stokes
' to their rooms in New York and under.
5 took to blackmail him and finally shot
him because he would not pay These
women are now suing Stokes for al.
legged damages by reason of his tcst.
mony against them in the ease, and for
defamation Of character. 1t is evident,
on mere statement of this ease, that
there is no real merit in it. The suit
is vindictive merely with a possible
hope of bleeding Stokes out of some
money, The hope perhaps may be that
he will pay something rather than have
TINS smt hanging over him Immense
numbers Of other suits of all variety
of complaint, but lust as lacking i'm
merit as this, are on the dockets of the
courts all through the country, and the
courts, at least partly by reason of
these suits, are hindered in their busi-
ness, meritorious litigation is pro.
tracted beyond reason, aud there is a
universal demand, voiced by the Presi-
dent of the United States and by the |
National Bar Association, for remedy. |
Various proposals have been made |
for relief. There is in Chicago a mum. |
cipal court sitting constantly and with |
ample resources in judges, in jury ma
terial and in policemen, for the instant
dispatch Of business. There have been
various suggestions, some that have
been put into effect, for "'business
courts organized somewhat in the
nature of committees from Boards Of
Trade or Chambers Of Commerce, where
business men bring their contentious
for arbitration and settlement. Some
of these courts arc reported To have
done excellent service where properly
made up and to have materially re.
lieved the courts in the cities where
they have been organized
These successful efforts lead TO the
suggestion that in every community
there might be organized by law a
body authorized to oversee the bring.
ing of suits at law, not, of course, hav-
ing any jurisdiction over criminal mat. i
ters. Such body would consider ap. i
plications for civil suits and would j
SUIT had substance enough behind it to 8
Justify taking 1T into the court. If in s
any suit there were a business court T
such as suggested above, some of the 7
matters brought before this tribunal s
might be referred to that commercial d
court. Others lacking in merit would t
be stopped, the examiners Gf they S
might be so called having authority S
10 shut off contemplated litigation a
that was not justified by any state t
nent of facts. +
1t is evident that the courts need re. O
ief from the press Of litigation Every a
vell-devised effort to give this relief i
'ught to be encouraged Thus, wher. n
,rer commercial body has the oppor- O
unity to organize business court to |
ettle disputes among business men 81
hat can be settled without going for &
nally into court, such Commercial r
'odIes should act for the formation Of W
commercial tribunals such as are de- Il
cribed. And we add the further sup- c
,estion, AS above, for the formation of +,
preliminary body of adjudication for T
,eneral action, that would have power G;
nder the statutes to examine into W
omplaints. counsel with those who pro. Of
ose to bring litigation, and see pri,
narily if the case cannot be settled cl
ute as well and much more speedily m
ut of court. And in eases where there OF
J absolutely no merit to the litigation, III
uch a body might safely be entrusted III
nth the power of denying the privilege of
bringing the suit at all th
The courts are the great bulwark of m
he liberties OF the people, the high te
for the settlement Of real con- be
ests or disputes among individuals. A.
rms and corporations; but it is evi- NJ
ent that many people are too much co
wen to litigation, and run to the tn
ourts for the settlement of disputes 10
nat either have no merit whatever or
hat could much better be settled by 10
ay of arbitration or Cancellation with. we
lU botherjng the courts at all. 81;
1t is evident from the interest taken ar
l remedies against the protracted and II
resome procedure of the courts and t6
! the delay Of judgments which, as Ia
resident Taft has fairly stated. al
mounts IN many eases to denial of
lstlce, that the courts are much over. m.
asked 1t is well, therefore. to seek W
'medIes by way, first Of all, of head. 9b
lg off needless litigation, and next at,
eHpediting such litigation as neces- ma
'rily must be brought. Every we'll ide iid.Se
cant practical suggestion in tins di OF
,ctlon must. as it seems TO us, be an. 3n, .i,'
roved BY the public; for, under present fig
'ndltions. Justice is defeated through rol
eiays and quIbbles, and the courts are Int
wered In the estimation Of the pub. ". s.
Z through the causes stated and ,iso pol