The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-02-15
Unshackllng Justice.

country at this time is not the tariff
or the monetary system. but the
question Of efficiency in the admin
istration Of justice, according to a
vote of the members of the Council
Of the National Economic League
President Taft's utterances, the Su-
preme Courts revision Of the rules
OF equity procedure, the movements
toward cOdification and simplifcation
or laws in several States, and the
practical work being undertaken by
the American Bar Association. indi-
cate the general recognition Of the
need for swifter, simpler, surer, more
impartial justice. And a Judge Of
New York's Supreme Court has but
recently declared with all the en-
phasis at his command that. in fact
all men are not equal before the law.
and that unless lawyers, legislatures,
and judges act, the people will do
some rather rough reforming for
sociation has recognized the Justice of
the lawyers cries about the laws
delay" and committee headed by
Mr.. Thomas w. Shelton is striving to
effect change which will bring
prompt and complete relief" so far
as the Federal Courts are concerned.
Inc supreme Court, explains Mr.. Shell
ton, has Just completed a system for
the equity side in the Federal courts"
considered in our issue for Novem-
Der 49, Now let Congress give it the
same power over the law side that it
has over the equity side, in order to
bring about an immediate simplifca-
ton, cheapening, and expediting of
Judicial procedure in the Federal
courts" Mr.. Shelton is very much
in earnest. At present. he declares:
Federal judicial procedure on the
common law side m @ likened to
crossing an out-of-date bridge in bad
repair and with patch decking. The
burdenbearer must minimize his
load in order to apply his energy in
getting over the pitfalls in the de-
fective way. His skill, strength, and
speed serve him and his employer but
little purpose. The bridge ought to
be destroyed, and a modern, complete
viaduct erected, suitable to the times
and the traffic.
Statistics would seem to indicate
that just a little more than half the
cases instituted are ever tried on their
merits. In other cases much valuable
time is wasted in conforming to tech
nical requirements that serve no use
full purpose. The courts, with rare
exceptions, are not so much to be
blamed. They are bound hand and
toot by this archaic and conflicting
pleading and procedure. A judge is
only a part Of judicial procedure, and
can not legally rise above the rules
of his cuort. They are the tools with
which he works. A law, however
wise or needful, is no better than the
judicial procedure-the machinery
through which it is enforced"
But If Congress can be induced to
act upon the suggestion and demand
Of the Bar Association, explains a
prominent lawyer, then
"The Supreme Court would certain
ly adopt a simple system similar to
the New Jersey and Connecticut sys-
TENS, and while this could not be
forced upon any Of the State courts,
1t would be such an example of what
simple practise could be made that
sooner or later it's example would
cause other States to follow the lead
OF the Supreme Court Of the United
States in the matter. Thus the great
er amount of the laws technicalities
would be eliminated, because the
technicalities of which we hear so
much complaint are mostly caused
by the statutes relating to practise"
These efforts, naturally, meet with
the complete approval of the editors
commenting on them. The attempt
ed reform, thinks the New York
Commercial, begins very properly in
the Federal Courts, because the
problem involved is more easily and
promptly handled in their jurisdiction,
which depends less on time-encrust-
ed precedent" But, it adds:
'The essential use and Importance
Of reform will be more specially
singaliZed in the effect which such
reformation will have on the pro-
cedure of State courts. This covers
great multiplicity of causes in trials
of the first instance, many Of which