davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
TRYING CASES "FoR ERROR"

I'VE have in this country a complex
procedure and we give opportunity to
the man who is skilled I'm our procedure.
and he plays the game. not for the JUS
tice of the case. but tries n case for
error That Is n phrase current in the
professionally it for error'-that Is, try
II over the heads of the jury altogether;
try it for the Court of Appeals
There is too much opportunity now
for that sort OF thing. and 1t discredits
the profession. ! have been practising
for forty years and ] am too old TO go
into anything else, and must say that [
am ashamed to acknowledge that In the
matter OF procedure In the forty years |
have been a lawyer there has not been
any advance"
AIr. Lehman said the thing was put
well by Kansas lawyer at meeting OF
the Missouri Bar Association. The Kan
sas lawyer said:
We have two men. neighbors, who
have n controversy. II may be over the
right to a piece of land. That is the con-
troversy-that is the quarrel between the
two
They cannot adjust il, and so they
come TO the courts to have that quarrel
adjusted and that controversy settled.
Each one gets a lawyer, and the suit IL
brought
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
AS REGARDS WRIT OF ERROR.

NO Judgment shall be set aside, or re-
versed, or new trial granted, by any court
of the United States in any case. civil or
criminal on the ground of misdirection
Of the Jury or the improper admission or
rejection of evidence, or for error as TO
any matter Of pleading or procedure. UNI
less. in the opinion Of the court TO which
application is made, after an eXamina-
tion of the entire cause, il shall appear
that the error complained of has injuri-
ously affected the substantial rights of
the parties. The trial judge may in any
case submit to the jury the issues Of fact
arising upon the pleadings, reserving any
question of law arising in the case for
subsequent argument and decision, and he
and any court TO which the case shall
thereafter be taken on writ Of error shall
have the power to direct judgment 10 be
entered either upon the verdict or upon
the point reserved, if conclusive. as its
Judgment upon such point reserved may
require"
The measure passed the House unani-
mously, February g. 1911, but awaits ia
Vorable action by the Senate.
Mr.. Wheeler received representative Of
The Tribune in his office, No. q William
street, few days ago.
lie said that complaints came to his
committee from various states and vari-
Gus interests. the complaints Of employ
ers and employees alike. in regard 10 the
delays Of the law. in regard TO the fire.
quent occasions of the miscarriage of
justice by reason of the disposition of a
case not upon the merits but upon some
technical objection that was quite ire
spective OF the merits.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
THE LAWYERS AS PARTIES.

"The moment the suit Ia brought am
other controversy arises. not as 10 who
owned that piece of land, but as TO
whether the suit is properly brought-a
quarrel, not between the parties, but a
quarrel between the lawyers-and the suit
may go 10 the end and be disposed OF
simply on the controversy between the
lawyers and the controversy between the
parties may never be touched
Lawyers acknowledge that there is
much truth in the charge that the dis
pensing of justice is so hsdged about
with technicalities that the conduct of a
lawsuit is more like a game than a ser-
Gus attempt to find out the truth of the
facts In controversy.
MIR. Wigmore, in his treatise on the
Law of Evidence. characterizes this pro-
nounced and deplorable tendency as the
sporting theory of the common law"
whereby litigation Is regarded as "a game
OF skill, to be conducted according to
specific rules. and to be decided by the
combined effects of skill. strength and
luck" and which tend to place the judge
primarily in the position Of the umpire
of the game. whose duty II Is to inter-
fere only so far as needed to decide
whether the rules of the game have been
violated"
Justice Orrin N. Carter. of the Illinois
Supreme Court, In an address before the
Chicago Bar Association, said that the
condition OF our courts recalls that of
the courts Of the Roman Empire before
the reforms instituted by Justinian. He
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
THE PUBLIC DISSATISFACTION.

None of US can deny" said Mr.. Wheel
er, land none OF US can fail TO see that
there is great public dissatisfaction. AS
a lawyer, regret that that dissatisfac-
ton should sometimes have found express
sion In somewhat violent language.
1--WE all of us desire that the courts
should maintain what they have had In
the past--the respect of the whole COM
inunity. But we are confronted with the
situation that the diversity In the de-
cisions in different states on constitutional
questions is grievance
One illustration that has brought the
matter very much to the front and excit-
ed, Mr.. Wheeler said, universal attention
throughout the country Ii the decision of
the Court Of Appeals Of New York in the
Ives case.
There is general tendency toward
ameliorating the state law Is the judges
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
MANS PREFERENCE.

Miss Lillian Hin. lecturing on eugenlcs
In Cleveland, said:
1T is a good thing for the human ra.'
that beauty counts for more than ih'e'
lect when 1t comes to love. Intellect 'o'
often means nerves, insomnia, hypocnon'
dria
"Yes. Il is good thing for the human
race that, as an old maid from 'asSa
put II rather bitterly:
"'Men prefer well formed girl.ss :
well informed one.'"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12

"That is not a situation that commends
MI Wheeler added you can explain il
TO lawyer; We understand how it has
arisen, but 10 a man who Is not "A lawyer
and who looks at it as a man in the
street does il seem indefensible.
II have heard ii suggested that this
law, If passed, would throw a burden upon
the Supreme Court. but II seems to me
that the most important duty and func-
ton of the court is to decide questions
under the Constitution of the United
States; that this is the original jurisdic-
ton conferred by the Constitution itself.
Whichever way such question was de-
cided in the court below the case was
a case under the Constitution Section 2,
Article III, of the Constitution itself in
defining the jurisdiction of the federal
courts declares:
1.-The judicial power shall extend to
all cases in law and equity arising under
this Constitution
1T seems to the committee of the Amer
lean Bar Association that. inasmuch as
the cases are generally typical cases,
the decision of the Supreme Court. the
highest tribunal, in one case would settle
them ALL and the court would not. after
ALL have such an influx of appeals from
this source.
There would be. in short. one test case
which would settle the law for the whole
country, and the state courts would en-
| force IL according to the decision at
Washington
Asked about appeals in criminal cases,
Mr.. Wheeler said:
"A favorite device Of the gentlemen who
achieve success in the manumission Of
murderers and the protection Of the GRIM
inal classes is to apply to federal judge
for writ Of habeas corpus.
HE finds there u no cause for its issue
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
CONSERVATISM ONLY OBSTACLE.

The committee OF the Bar Association
could not find that there was any serious
objection IN either committee AT Wash
ington except that arising from what
Mr.. Wheeler terms conservatism
which is reluctant to make any changes
whatever"
Nevertheless. the efforts Of the COM
mittee failed to obtain report TO the
House or the Senate from the fun COM
mittee Of either body. The sub-ccmmit-
tee of the Senate reported the bills to the
full committee Of that body.
Some members OF each committee We're
unwilling 20 put any limitation whatever
upon the right of appeal in criminal
cases.
but let us hope" said Mr. Wheeler.
speaking OF his next trip to Washington
10 urge upon Congress the reform Of legal
procedure. that the federal courts in
common law cases and the state courts
i'm all the states will soon fall into line
and restore the United States to the po-
sition of "A country in which justice is
administered without delay and causes
are decided upon their merits
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
THEIR DUTY AS CITIZENS.

1T may be a lawyers duty TO occupy
this position under the existing system.
An the more. therefore. is II our duty as
citizens to cndeayor TO reform the sys-
tom. 50 that these means of procrastina-
ton snail no longer be available.
"All We ask the Appellate Court 10 pre-
sure IS that the jurors are rational men,
who render n verdict according to their
Judgment Of the merits, without regard
10 the technical points Of evidence or nice
legal distinctions, embodied in requests
TO charge to which counsel have come TO
attach undue Importance.
IF the practice of submitting special
questions Of fact to the jury were more
generally adopted the Appellate Court
would be enabled TO order final judgment
according 10 It's judgment upon the law
without putting the parties TO the ex-
pcnse and delay of new trial.
This again would enable an immediate
review To he had in the Court OF Appeals.
Under our present Constitution, that
court can deal only with questions of law.
To raise these upon the record. separated
from questions of fact. is. under the
common practice. very difficult matter.
THE conditions under which the Court
Of Appeals must examine the record tend
in most cases TO disable that court from
considering upon the merits OF the con-
troversy between the parties.
Il believe that ii IL I'm the interest of the
Judges themselves, as well as OF counsel
and litigants, that this practice should be
changed
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12

"gut after all he said, III we look
&c our profession from the standpoint OF
the commonwealth; when We remember
that we are not only attorneys for
client. but officers of the court. and
charged with an important part In It's
administration of justice. We must admit
That we occupy humiliating position
whenever we undertake 10 defeat IL.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
QUESTION OF INTERFERENCE.

IL also had many interviews and much
correspondence with individual members
of both committees. The question whether
the amendment to procedure would inter-
fere with the province of the jury was de-
bated very fully, said Mr.. Wheeler, the
other day at the public hearing and in
discussions with individual members.
I'VE endeavored," said Mr.. Wheeler, TO
convince the committees to whom the mat
ter was referred that so far from impair
ing the value of trial by jury, the amend
ments proposed tended to increase its
value and TO promote the determination
OF causes upon the merits rather than
upon technical objections which do not
affect the merits and TO which the juries
pay no attention
1--WE pointed out that by giving more
nnality TO the verdict of a jury, rendered
when the facts OF a case are fresh in the
memory Of witnesses. and permitting the
Appellate courts to pass directly upon thu
questions Of law involved. without the
necessity of ordering a new trial, we
would make It possible 10 terminate every
cause upon it's real merits, present these
merits fairly 10 the court and put an
end to the litigation as soon as this can
be done consistently with giving a full
and fair hearing TO both parties"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
DEEP QUESTIONS THEY ARGUED

il was not at all surprising, he says
that, IN a period when the learned theo-
,ogians occupied themselves with sucn
questions as how many angels couio
dance on the point of a needle, and phil
osophers debated whether jackass' IL
placed exactly midway between TWO
eouallv attractive stacks of hay, would
go to one or the other, or remain sta'loh-
airy until he starved, and when rehglous
and social intercourse consisted largely
of the observance of forms and very 1T
ile of true piety and courtesy, the Judges
and lawyers should have concerned them
selves about questions and strifes OF
words" to no profit, should have regarded
form as all important and the ADMINS
tration Of substantial justice as OF very
secondary concern.
Members of the legal profession assert
that they are not opposed TO changes: tue
difficulty is that they do not always agree
az 70 the changes to be made. Their pro-
fession teaches lawyers to disagree. But
lnymen may take comfort in the fact
that the great body of lawyers now DO
agree that one Of the great evils OF our
age and country is the laws delay.
II took seven wears TO try Warren Hast
ings. DR.. Crippen was tried condemned.
appeal heard and death sentence carried
out all within three months after he was
arrested. England is pronounced the
model of the world in the safe, sure, sane
swift administration of Justice.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
~ MOVE AGAINST laws DEL AY AND EXPENSE OF Litigation

said that Gibbon, writing of that time.
described our present situation when he
said:
1.-THE expense of the pursuit sometimes
exceeded the value of the prize and the
fairest rights were abandoned by the pow
erty or prudence of the claimants. Such
costly Justice might tend to abate the
spirit of litigation. but the unequal press
ure seems only to increase the influence
of the rich and to aggravate the misery
Of the poor.
"By these dilatory and expensive pro-
ceedngs the wealthy pleader obtains
more certain advantage than he could
hope from the accidental corruption Of
judge"
In accordance with the instructions OF
the American Bar Association the special
committee of which Mr.. Wheeler Is chair
man presented to Congress at its session
be ginning in December, 1910, the bills
which had been recommended and az.
proved by the association. The bills were
referred in each House TO the Committee
on Judiciary.
The committee had hearing before the
full committee Of the House OF Repre-.
sentatives and before the subcommittee
of the Senate, consisting of'Senators Mel.
son, Dillingham; and Overman.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
TENDS TO NARROW THE MIND.

The constant limitation of the judicial
mind 10 the consideration OF the solitary
question whether or not reversible error
has been committed must necessarily tend
TO narrow the mind and make 1t more
technical. II puts q burden upon the
Judge which no man should have to bear.
THE whole training OF lawyer in this
state at present tends to make him more
technical and TO distract his attention
from the merits of causes. When techni-
calities cease to affect the result they viii
no longer be resorted 10. and the time will
come when the public confidence in tho
administration OF justice which has been
rudely shaken many times by the decision
of important cases upon technical points.
and not upon the merits, will be restored,
TO the benefit alike of the citizen and the
lawyer"
Speaking Of technicalities. ii Is a mat
ter Of record that the Supreme Court of
Missouri reversed conviction in a GRIM
inal case because Of the omission OF the
word the" before state" In the formal
conclusion of the indictment which should
have been against the peace and dignity
OF the state" (State agt. Campbell 30
Mo. 92)
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12

~HE charge is frequently MADE una
lawyers never advocate a change III
l. law or court procedure. But "i'"i''
the next few days a committee from we"
York City, representing the american
Bar Association, will labor IN "asnins
ton for the enactment of les1sIation 10
prevent delay and unnecessary cost IN
litigation.
The attention of the public has recently
been focused upon Justice Con and his
energetic handling of the cases OF Becker,
the four gunner and ex-Chaniberlain
HYDE. Praise for Justice Goff for con-
Quoting these sensational trials with the
greatest possible dispatch has been wide
ly expressed.
No less a parsonage than President IaI'
has arpued that the delays of justice
ar. oftentimes the denials of justice ana
oven that IL is often more important that
courts of the first instance should decide
promptly than that they should DECIDE
Alright.
A writer in Bench and Bar points out
that technicality in the practice OF the
law we should remember is "a damnoso
beriditas." legacy from the Middle Ages
when our common law was in a formative
condition.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-12
BEYOND STAGE OF DISCUSSION.

Whether or not procedural reform is a
panacea, Roscoe Pound. OF the committee
says 1t is in the air. beyond the stage Of
discussion by turists and lecturers and
controversy In periodicals, legal and lay
and has entered upon the practical stage
Frederick W. Lehman. Solicitor Gen.
time ago before the Committee on the Ju-
dietary Of the House Of Representatives
that distrust and unrest In this country
to-day have come from the complexity Of
our procedure. and we 1.-THE lawyersl have
made a lucrative mystery Of our business
Il think II you will look at our federal
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

Score another one for the mem
bers of the Audrain County Court.
They just keep on doing things
for the general welfare and bet
terment of the community. They
now have determined to close the
pool and billiard halls in the
county. These institutions are a
nuisance to the morals Of the com
munity, Judge Carter declares.
and they must go. Every news
paper and pulpit in the county
should commend the court for its
stand in this matter.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

The Buckner Drug Co. has in
stalled a new Liquid" iceless
fountain and put in "Kirkpat-
rick" fixtures, the latter doing
away with counters and allowing
more floor space. The fixtures
are glass and dust proof. The
prescription case is another i'm
portant feature. The whole store
is up-to-date. C. A. Buckner is
in charge and NJ. S. Morris, reg
istered pharmacist, is his assistant.
Buckner's is a nice place to
trade.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

HARNESS COMPANY.
The petition, verified by affida-
Wit of its president and secretary,
for the dissolution of the Mexico
Implement & Harness Company,
a corporation under the laws of
Missouri, having been filed in the
Circuit Court of Audrain County,
Missouri, and the several officers
and stockholders of said corpora
ton having entered their volun-
tary appearance thereto in said
court at the time of filing such pc
tition, it is now ordered by the
Court that all persons interested
in the Mexico Implement & Har-
ness Company, a corporation as
aforesaid, be and they are hereby
required to show cause, if any
they have, in this Court on or be-
fore the End day of June, 1913,
why such corporation should not
be dissolved.
And notice is hereby given that
the general nature of said appli-
cation is a prayer for the dissolu-
ton of said corporation because
its objects and purposes having
been accomplished, its debts paid
and the bulk of its assets distrib-
uted, there is no further occasion
to maintain its corporation exis-
tence, and it is ordered that this
notice be published according to
law.
(SEAL) James D. Barnett,
Judge.
A true copy of the record.
Attest e. F. Elliott, Clerk.
IN TESTIMONY WHEREOF,
| have hereunto set my hand and
affixed the seal of said court at my
Office in the City Of Mexico, Coun-
ty of Audrain, State of Missouri.
this the 22nd day of April, 1913.
e. F. Elliott,
Clerk Circuit Court.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

That High School Young Mems
Christian Association organization
needs every encouragement. Let
the organization start in the school
and then it may gradually be
transformed into working body
that shall take in the whole com
munity. When a certain point is
reached then it should have a
building and "A regular secretary
who shall put in his whole time in
planning and executing the work
that may be taken in hand. Mex
leo should take more thought for
her young men. The billiard and
pool halls and saloons do not grad
uate very excellent type of man
hood.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

Frank c. Mitchell of Centralia
has been appointed one of the
State bank examiners at a salary
of $4,000 a year and expenses.
His territory will be Audrain,
Boone, Howard, Randolph, Car
roll, Charlton and Livingston
counties. Mr.. Mitchell has been
assistant cashier for the Bank OF
Centralia for five years past and il
said to be Thoroughly qualified fol-
the duties of his new Office.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08
Hardin College Recitals, Spring
1913.

1918.
May IL. Piano Recital, pupils
of Prof. Guerne.
May Is. Senior Piano Recital
pupils of Prof. Gjerdrum.
May 10. Senior Voice Recital
pupils of Mrs. Adam.
May %. Art Reception, from
80 to 500 p. IN. From Z 100 to
10 100 p. m.
May 90. Senior Piano Recital
pupils of Prof. Guerne.
May 25. Baccalaureate Ser
mon.
May &c. Voice Recital, pupil,
of Miss Gupton, 4 100 p. IN.
May &c. Alumnae Banquet.
May 81. Glass Day. Morning
May 81. Commencement Elk
ercises.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

L. NJ. Lake, late of Nandalia,
recently bought home in this
city, last week secured the con
tract to build the new Carnegie
Library building in Mexico. His
bid was $12.245. There were
three other bids against Mr.. Lake,
one as high as $4,000. We con
graduate Mr.. Lake in getting this
work. He is reported to be an
excellent mechanic; the library
building is sure to be a fine job.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08
Have You
Seen America?

Have you ever stood on top of
Pixies Peak and looked off at the
rest of the world and experienced
sensations that are not to be des-
cribed in wordsl
Are you numbered among those
who know the pleasures and bene-
fits of a soiourn in that great
natural sanitarium-the Black Hills
of South Dakotal
Have you ever enjoyed the
health-fiiving pleasures of camp
ing trip in the Big Horn Noun
tains of Wyoming or along the
Cody Road to Yellowstone Park 2
Did you ever go coaching thru
Natures wonderfully Yellowstone
Park
Have youreyes ever been blessed
with a sight of that emerald gem
of the Northern Rockies-Lake
McDonald-in Glacier National
Park2
Have you ever stood on the
shore of Great Salt Lake and seen
the tints of Utah's skies at sunset /!
Didyou ever visit ''The Charmed
Land of the American Continent, "
bordering on Americas Mediter-
ranean puget Sound and the sur
rounding country to which Nature
has giveu a bewitching beauty and
a wonderful climate;
Did you ever peep over the rim
of the Grand Canyon in Arizona
and gaze down into that wonderful
chasm which no one ever has been
able to describe!
Are you familiar with the UNI
dreamed-of scenic wealth of glor-
ious California-that land of out
o. doorsl
These are but few of the many
show-places in America that
Europe would pay fabulous prices
to get, but can't have because they
are ours to enjoy here in this
country.
If these scenes are strange to
you, why not pack your grip and
visit some of them this SUMMER
No form of education is more
inspirational than travel. Decide
right now to make 1913 memoir
able sor its perfect vacation.
Make the most of your trip-let
me help you plan it. The furnish
ing of complete details for vacation
trips is part of Burlington Ser
vice." Send me a postal quick.
d. Glenn Beaver, Immigration
Agent, Burlington Route, 1904
Farnam St., Omaha, Nebr.
There's Comfort for You
On the c. B. & Q.
Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1913-05-08

Burnham school district, north
of Centralia, in Audrain county,
has lately been favorably adver-
tised all over Missouri. The
Message started the ball when
about six weeks since we secured
data concerning the district and
published the pictures of the
teacher and the school building.
Burnham is on the approved list
of schools and her reputation is
established. Publicity helped to
bring these things.