East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-11-19
LOWELL MAKES SOME
RECOMM M EN- DATIONS

The following was submitted to the
oregon state Bar association by
Judge stephen A. Lowell of this city
, on November l6, and pertains to rec
concentrations to the stae legislature:
Pendleton, Orea-To the Oregon
state Bar Association: In this sea-
son OF just criticism upon the charac-
ter OF our laws the inequality of their
application and the laNity of their en-
forcement there is public demand for
wise leadership in the discovery and
application OF remedies for faults
which most men recognize as existing.
Permit me, therefore, as a mem-
her of your organization, to suggest
that the legislature soon to assemble
AT Salem is entitled To the advice and
assistance of this body of men learned
i'm the law, and am confident that
such recommendations as may be
made will receive considerate atten-
ton throughout the state.
| venture To suggest that reso-
luton be adoped at the annual meet
ing of the 18th inst, recommending
the following code of amendments in
the interest of justice and common
sense:
Cuts out Delay.
First: That any trial judge shall
,have authority to call to the bench
amy reputable member of the bar of
the state to try any case in which, for
amy reason, he elected judge is un-
,able to sit, or which such official can
not reach promptly upon his docket.
(This will facilitate court business
,aud largely eliminate the laws de-
,lay)
Second: in the trial of divorce
cases the district attorney, or his
deputy, should appear in person and
thoroughly cross examine the parties
and their witnesses, in the interest Of
public policy.
(This will probably reduce the di-
vorce evil twenty-five per cent?
Third: II should be the legal duty
OF the district attorneys throughout
the state to furnish legal advice free
to all citizens unable to pay for such,
and to appear in court without charge
in civil matters for all needy litigants.
(Most lawyers do this under pres
ent conditions, but legal aid should
ne furnished by the state to its poor
as matter of right, not of chariy)
settles Disputes Promptly.
Fourth: In justice courts neither
attorneys nor pleadings should be
necessary. Nothing should be there
requisite except an informal state
lnent of facts, to be prepared for the
plaintiff by the justice, and a sum-
mons to cite the defendant to re-
spond to the action. These tribunals
ought to constitute in truth the poor
mans forum, and he fees should be
nominal.
(By this means disputes involving
small amounts can be settled prompt
ly. and at a minimum of expense.)
Fifth: The legal requirements that
certain laws are to be read by the
rrial judge to each grand jury no.
rably the forest fire statute, the prize
fighting statute and he libel staute,
are antiquated and unnecessary. The
rreading occupies too much time. 1t
should be sufficient for the judge to
briefly call the jury's attention to the
existence of such laws.
Sixth: The law of exemption from
jury duty needs amending. What
ever may have been the condition
once, there is now no reason why
minister of the gospel, or a priest of
any denomination, or a teacher in
college. academy or school, or
member of the legislature, or an ex-
amgt fireman, should be excused
Jury service except for special causes
as other classes of citizens are excus-
ed.
(These men would make the very
best jurymen.)
Seventh: our statute relating TO
the determination of adverse claims
to real estate is unnecessarily re-
sricted only when the realty is not in
the actual possession of another. See
section SIC of the code. The words
mot in the actual possession of an
other" should be eliminated, and any
person claiming an interest in real
estate thus be free to invoke the aid
of courts of equity to determine the
fact.
Eighth: The requirements of our
statute in the execution of deeds and
mortgages bark back to the days
when We could not write and hence
affixed a scroll, called seal, in lieu