New-York tribune., 1912-01-20

courts in their efforts to do justice. II is
| the bar which knowing all the facts and
| familiar with all the evils insists upon the
continuance Of our methods to promote
| the immunity OF criminals ana the mn M,
drance of justice 10 the point OF denlai. ne
primary fault and the primary duty OF re-
| form rest with us. | do not think thdt tnls
matter plays any very great part III tne
! creation of the feeling against the courts,
The real difficulty appears 10 De tlldt tIl0
new conditions incident 70 the eXtrdoTuii<
| ary Industrial development OF the last nan
| century are continuously and progresslNeIS
demanding the readJuStment OF the Ietna
tions between great bodies OF men ana luc
esta blishment OF new legal rights ana OIL OIL
| cations not contemplated when existing
/ laws were passed or existing limitations
| upon the powers OF government were P'V
scribed in our constitution. z,-.
II is because in the course OF TINS proCe5s
| OF readjustment occasionally court lIi'O. "
| that some new experiment IN Legislation vi
| in administration ContTavenes s1IIe 'o'.S w.
established Limitation upon Ieglst" n-,1daI,.
executive power or finds that some cruuely
drawn statute is inadequate TO produce IlS
effect that was expected Of H. OF emo,
some law which has unexpected results,
that the present Irritation anu ~
toward the courts has been createu. att
When a court Of last resort mas salu
the law IS thus and so. and the law a. so
declared bars the way OF SOM 20, ~
movement. the trre remedy Is hot -
threaten the court with extinction or lIs lI
members with Punishment unless they, WIZ
decide against their cohElCtloHS' ornee-ation one
TO set the lawmaking body IN QpeTa''oHt ~
TO change the law, and II maloIiN, W ~.
the DeoTle wish the law changer II iag VIZ D9
done If the community ~ nor sau rn,,rt
with a law as II Is declared ny the GU. u.
10 no the thing really desirable - hot |"
coerce or reconstruct coutt !" saE ,be
the law is what II Is not. bnt 20 mar sn
isU, Uyhat the community wishes ~ 10 -.
i" It ~ neonle.of our country yield 20 the
,npatience which would destroy the sysITn' IN
thst alone makes effective these greaI IN, IN,
tiis. tit,ai r,,iae and preserves our consutn-
i,nnai government. rather than enoure ,,,,- gne
tnrnUorarv inconvenience or pursuinS No
lated methods OF chansiue rs shall not he
nsking progress but we shali re, ne eS-idDde
i,ig the weakness which thouGIltlul I'Is 49,
OF free government the W. W. 'Iact Of that
a. tf cSc,troi which enables great nouIss ~,
map "a abide the slow processes oi Jou1
government. rather thah ~ ,bev obstruct
the barriers of order When- INV
The ,r,pulse Of the moment
Wants Justice, Not Procedure
= A,drade fr.. who spoke little later
80, .ha t,,ar,e for the recall agitation en-
-, ,,,or tho present system Of court
,rocad,,ra "T'his judicial recall question
NO eaid .Is not 20 be gainsaid by depreca-
tory resolutions Of bar associations u"
o,,o, ~, the Presidential veto. II is the
h,,rd gronine of the people for what they
GO entitled 10 and what they are goine
20 bsve-iustice and not procedure
.ho hench and the bar do not give IL 10
-, so much tho worse for the bench and
the bar ,-
Nv Andrade assailed the New York sys-
+.,,, which made It possible for the same
cose 70 come up before dozen dinereht
Judges in the Supreme Court. II any Ia"
er,1 nursued a course similar TO that OF
enc srnreme Court. he declared II would
he ruined Immediately. lie susseS'eu- d
continuation OF the divisional and parts
eys,em which would confine given action
to given judge.
Governor Baldwin. Of Connecticut told
tho New, Workers how civil procedure was
si,,,li6ed I'm Connecticut. and they ap-
,,auded him and elected him an honorary
,,,o,,her NJ the association. George Cor
don Rattle and Joseph NJ. Preskaur sug-
o.s,ed further reforms in paper on
"proparation for Trial and Trial Practice'
,,aot r,ou addressed the gathering on
Judgments" -,
rho ,.u-vers listened also 10 reports OF
committees on corporation law OF pro-
,osed legislation relative to the commit
mont and discharge Of the criminal IN
80 Jn which the Thaw case was cfted'
80 on executive and law reform After
secretary Knox's address the members ot
III association went back TO the mouse "I
the Bar Association; IN f4th 49,, e,,,aats
thsrc held a reception for their guests
Tbev will continue their meeting throuRh-
ont to-day and will eat their annuaI olh-
mr. at the Waldorf tonight