Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-02-18
REFORMING THE COURTS

REFORMING THE COURTS
Senator Francis to Urge 'mportans
Bills Changing Methods Of Procedure
and Practiee-some Of Their Feat
ures.
Special to mes-Repuolican.
Des Moines. Feb. Ex-senator Les
lie E. Francis, chairman OF the Ju-
dietary committee OF the senate. VINO
has been away from his post Two
weeks becau use of his illness, Is pack
gain on the job, and ne mas on naiio
a batch Of important bills that Ne WIZ
urge on behalf OF the bar ana ''ie
courts of the state to effect very nnch
needed reforms in regard 10 appe
If adopted the bills Will, it IS believed
greatly lessen the labors OF the SUI
prene court and result in more saIlS-
factory administration Of the law. They
will also lessen court costs, when Is
ncipt the taxpayers Will not overlook
His bills as at present outlined IN
clude the following:
Amount involved in order to make
appeal possible to be $3.50 and this on
some one count % he petition. Inc
present practice is to permit appeal 20
the supreme court where the assre-
gate of claims involved is 800 Rals-
1nx In, amount 70 the larger sum ana
preventing punching OF claims VIII de-
crease the number of appealable cases.
Another bill allows the court to give
oral instruction in cases not appeal
at,le. Many states provide for oral IN
structions in all cases and that Is the
uniform practice in federal courts.
There is no reason for written lnstruc-
lions where the case can not be APP
pealed. and much time can be saved
bv omission of the written insHuc-
tons.
LAWYERS required 70 point out tnel'
objections TO instructions prepared os
the court where the written instruc-
tons have been prepared In time lot
examination. This will put a stop TO
the practice OF lawyers merely notlns
their exceptions to the instructions
leaving the court in dark as to wheth-
er they are wrong, or II wrong where-
in they might be renedied- The pro-
posed law would require the attorney
to state specifically and clearly the
ground for objection. At present when
the error is discovered a new trial Is
needed, perhaps witnesses have gone
away, and frequently 1t Is Impossible
especially in criminal case to pro-
coed with the trial By the ne" meth
cd the court would be apprised of al
legged fault in the Instructions rec
ORD would be made thereof. and an OPP
portuni;y would be given for remedy
ing the same.
Another bill provides that on motion
for new trial or appeal to the supreme
court technical errors shall be disre-
garded and only those things consid
cred which affect the substantial rights
of the parties. AN examination of the
decisions Of the supreme courts Of the
various states will disclose an
unbelievable number Of decisions re-
versed because of errors so technical
and unreasonable as to seem ridiculous
If applied in the ordinary avenues OF
life says Senator Francis. This con-
dition is the result of adherence to
precedent and can only be effectually
cleared away by statutory enactment.
Our own supreme court mas peen as
free OF crit icism il this respect as any
court in the land, but they are limited
by the present la vs., and in order 70
give them the clear right to disregard
technical errors this amendment Should
be adopted This reform will mean
more to the public in saving expenses
of new trials and in the prompt ad-
ministration of the law than any SINH
lar ena ctment adopted in recent years.
Senator Francis final bill in the
series relates to divorce and requires
, testimony taken in shorthand and
transcribed and filed, and provides Tor
appointment of an attorney to appear
in default cases. Il have no criticism
Of divorce where granted upon suffi-
cient and proper testimony, says the
senator, but it is a matter well known
by all who have given 1t any considera-
ton that where there is no appearance
for the defendant, the evidence re-
quired by the average Judge is very
slimsy indeed and when the decree Is
once granted no one knows what the
testimony was. If the testimony was
reduced to writing and filed the judge
| would be more careful, for he would be
| subject to criticism and little criti-
| cism properly applied will help judges
just as much as it helps other peo-
pie. The appointment Of an attorney
to represent the defendant who does
not come into court will go long way
toward shutting out the granting Of
improper divorces"
Senator Francis says that If the leg
| islature will adopt these five bills
| which he is back of it will 80 long
| way toward effective reform Of court
procedure.
Pathetic Story Behind Bill.
! A pathetic story is behind the bill
| introduced by Senator Head, OF Cedar
Rapids. to appropriate $4,000 to N. o.