The Birmingham age-herald., 1913-02-21

To the Editor of The Age Herald.
Apropos the movement now going
on in legal circles to simplify eourt
procedure in the state of Alabama 7
want to give the lawyers of this stat .
the benefit of a good thing which I
have discovered since my removal Ia
oklahoma something more than a
year ago. 1t particularly has refer
ence to a more. simple method OF
handling appeals to the supreme court.
1t is the practice in law cases for tho
attorney appealing to write his bill of
exceptions which is settled and is then
copied all over again in the trans
crypt which goes to the supreme court.
Usually the bill of exceptions is the
largest part Of the transcript so II
results that the work of preparing the
case for the supreme court is prac-
'ically doubled through the necessity
OF writing up the bill of exceptions
containing the proceedings of the low
er court and then copying it all over
again.
Oklahoma has better and simpler
practice While it is permissible to
have the transcript and bill of ex
ceptions, just as In Alabama. the stat
utes in Oklahoma permit the hand
ling of appeals on "casemade." This
casemade is practically the same as
the bill of exceptions prepared in Ala
bama except that it contains the mat
ters OF pleading as well as the things
happening in the trial The pleadinps
are not necessarily copied comnlets.
but the effect of the pIeadings. con-
clsely stated, is the usual role so that
1t is permissible for the casemade 10
De as brief as the appealing attorney
desires 1T consistent with a clear state
ment of what happened in the trial
court. This casemade Is rendered to
the opposing side and settled by the
tflal Judge precisely like an Alabama
bill of exceptions and when settled a
carbon copy is filed with the clerk of
the lower court and the original case
made signed by the judge goes to the
supreme court and the case is decided
on that without any further trans
script by the clerk. Nearly every law
yer knows that there is practically no
more trouble to prepare such a case
made than to prepare a bill of ex-
ceptions. The necessary carbon copies
can be made at the same time and the
adoption of this practice would save a
very considerable item in the costs Of
appeals.
think that it is the common ex-
perience of Alabama lawyers that the
transcript of the appeal prepared By
the clerk of the lower court costs
more than the costs that are payable
in the appellate court. so that If the
adoption of the practice of preparing
cases by casemade is carried out the
biggest half of the costs in appeal
cases will be eliminated.
The practice of appealing on case
made prevails in Kansas and other
states besides Oklahoma. and It's pop
ularity is proven by the fact that
probably 80 per cent of the appeals
taken In Oklahoma are based on the
casemade rather than on the bill OF
exceptions and the transcript as is per
mlssiblc there and as prevails in Ala
bama.
| suggested this idea and sent a
copy of so much of the Oklahoma
statutes as treats OF this matter to
Hon. Thomas c. Mcclellan of the Ala
bama supreme court, and he gave the
idea his commendation and suggested
that publicity be given II through the
columns of the press.
Another advantage of the caseIBade
plan of appeals will be made manifest
If Alabama adopts the practice of hav-
ing the records printed and having all
the judges of the court to vote for
affirmance or reversal before IL is as
signed to any judge for writing an
opinion. If that idea is adopted the
appealing attorney has II within his
power to abridge the record and re-
ducc the expense of the appeal as far
as is consistent with a fair statement
of the case. With the useless and
purely formal matter now incorpor-
'ated into the appeal transcripts the
records are abnormally expensive and
the printing thereof ovid be an un-
necessary tax upon litigants.
The spirit Of judicial reform which
is in the air to some extent seems to
be aimed at the purpose of doing away
with needless and purely formal mat
ter and the adoption of the practice
of appealing by casemade would be a
long step in that direction
In this connection I wish to suggest
another matter where a reform could
be made with good effect in elin1in-
ating needless delay and expense. The