The sun., 1913-10-13
|SEABURY PUTS LAWS
DELAYS ON THE CODE
SAYS It's Faults Are Largely to
Blame for Slowness
Of Justice.
GROWING WORSE YEARLY
ATTORNEYS Mainly to Blame Is
Justice Giegerich's
View Of II.
GROWING WORSE YEARLY

{ 6CntN Lawyers AssocidNlCn IneTNUsT
lad the nlane for the lsvs dels"s on the
Judret ard their ne:nods ina SAID mat
the nurlte- ~ Jufces sitting IN Nsr' York
county coald hear h1if the lartu'. of
tho country Il the, would conduc' their
courts as busines' men would condnc'
them ard you'd hold court LONGER caci
daN Supreme Court Justice samuel sea
bury. one of tn. hardest -orkiat Judges
on tho local bench. vac asked bv fhE. Sun
tn rerlv 70 this siatemen' and he pre-
ra-td m. following
~ JUSTICE SAMUEL sEABtRY.
Much more IS Vrl.ten ufnn tho sutIec'
- me 'ia,s delav" ina, is worth read.
inr II >: ,er, superficial vleo 81 tne
situation which ltids the LAWYERS 10 'lime
the tudees or IT.. Judges - Name thf
lsw,ers there are aruses IN our lesai
system which are FAR hing and which
=. will take time ~ eradicate Present
,,,tu,.s often Imit IN. 7orer o, the
courts 10 d. iue,ice The iuiicial force
Is nor economically Distributed L. Some
sections Of the Sia.a there are co1'-
para.,vel~ '3Ize number D. Judge "Ao
have comparatively few casos whereas IN
,,her sections there are conrsratNNlH
te1 rudyes vino have great many cases
We have carried our aprtllst" srs'eni
TO unreasonable lengths and ,he iscre-
! tionary power originally Intended N 10
exercised in tAe court 81 first instance i
, exercised nr me appellate oouris cur
system IL Ton heavy. one-nah o' ths
! Judres ~ the state s.' n reNie~ OF the
action ~ me oth~r hsi' Every a. ~
the cour. Of Nrs, instance is sprealab'e
Our appellate courts are oNernurdened
With work much % ~hicn IS who'll un
necessary The 'A~ reports sTH tull o.
opinions vhica have no rermsnen' Ni!ue
unon points Of practice an' the ro7ers ~
the triA and SPECIAL tenn 1r1sti a'' m
! dui, limited
code nm >homi ns tion.
Tn. .v,ls o, ON system 'snno' ht
changed oy altering ~ l,v ~ proceed Ife
or altering calendar rul,s A. me same
ne our svsteal ot rro-edur" d'es er,ohr'
age delav and promote injustice Nei'ne'
,1c court. no. tho lauvc-s are soltlv re-
sno,stbls ,or this ore ~ the chie' c7r
.-,eutinS csuses rroiucinz this cH1di''o1
! 8 our present code of clNl PROCEDURE y
:, =, snomina'ion Il IS as has o.te
been pointed out q figure ~ fels' 'aflAh
,roror,lons and CONSISTS of 3.Ssf Sc =
! ;ion. Msnv ~ .hsss sections are NHff
jene,hv Neariv Al Of then contain AZ
-iaye which IL uncertain arc 'f'1PtrN
and rr.s.rih4 trivial and unneoetsarN fe
.sNs o. practice
n is ne, code a, all n an, 'rue sense
but an illoeically arranged colle"toN o.
rocrl, dises'sd statutes. Tho court ruleN
in force to-day are but irt'e o"''e, ".,H ~
the code sections Tho Yield ood" OF lstN
,as crest -.fo~m ~ ciNn procedure
7, cc.d,trd on, the prircipss ot pro'e-
dure and rct TIE de'ss OF pri i''io" ""
/ Field code viti' lis amendments sfoof m
III 1875 when the so-callrd Ihro"r "oh'
wac substituted FOR il The Ihroop cohe
"a the basis Of our present code u has
} ~ 10 sNsfFn
! of p-ocedurs Its defects 7er" pointed
out b, Mr. Field ~hen h" sad
7, !. rot comprehensive whior code
'-,ust be ~ is minutc Which cod must
no. be II undertake. - provide fo-
ever, raso r, sn enumeration - rartic-
,Ilars. ,.htle q code males provisions tor
'h4 same thns h general enac,mentg.
Growa Worse Ever, rcsv.
The defect. Of this ed, u,roa'' -
eNnr' Legislative session W" should haze
a sin,rle prsctics 49, vrich cc4'hcs ~"
principles OF rroc-dur" m relation 20 =
. civil action The principles ot procedure
Which underlie our present rrsctlce are
smothered In mass Of r~rhac' rr"-
scrihing useless and technical details. De
! tails should h~ omitted general rrlr'i.
rles only should be stated
One example is suffci"n, 10 pom ou'
my meaning The subject o. supplement
tary proceedings, which relates 70 the
examination OF Judgment d.btor and
others believed 10 haze p-opertv of the
debtor. is governed b" forty sections y
our present code
These sections have hcen loosc, ard
| carelessly drawn. There are hundreds ~
decisions defining and explaining their
meaning
In England the Fame subject "a ef.
fectiVely dealt with in An order" % lrs.
than dozen lines adopted under the
judiciary act, which prescribes All the
rules governing Discover IN Aid OF
Execution"
! In preparing = new nrsc'.'e act regard