The Richfield recorder. (Richfield, Idaho) 1909-1931, 1913-12-18
REFORMING JUDICIAL PROCEDURE.

A case was heard in the Idaho supreme court this week,
which offers a text for many an grafton, many an editorial.
1t involved about S12 value; but the cost to the state is al
ready 5000, while the cost to the litigants is already probably
much more.
Most civil litigation is a personal luxury, costing all out
of proportion to its real value. Most of is absolutely with
out value to the general public that pays for the administra-
ton of the laws. The supreme court handles about 200 cases
a year---a pair of litigants per year for every thousand inhab-
itants. This makes every personal $2 squabble they are
obliged to hear, an expensive luxury! The way to settle
most civil business should be to- deny the right of appeal to
cases not based on constitutional grounds; to make final the
findings of the lower court or a compulsory arbitration com
mission-and escape government by the courts by taking
away much of the litigation on which courts build their pow
err Most civil cases could be settled at home by three hon
est ~neighbors as a volunteer arbitration board, without a sher-
if, without a Judge, without lawyers, without supreme
court; and settled without a cent of cost to the public. Lit
igation as it is practiced is more expensive more destructive
than the middleman class IN business. A system of non
appealable, compulsory arbitration settlement of much ofthe
stuff that now cumbers the courts, would help amazingly in
reducing the high cost of living. aH r. aW
incidentally, a constitutional amendment is to be voted
on next fall, increasing the supreme court to 5 members. 1t
would cost SIS, 600 to 500, 600 a year--and it could be made
this year the smoothest political game ever played in Idaho.
Probably not less than 30 politician-lawyers may be allowed
to expect to be appointed as Judge, and they may be power
tl, persistent boosters for the administration and the amend
ment. N7
Yet in spite of the illness which has deprived the court of
Judge Stewart SO much in the past seven years, no state has
its decisions SO closely kept. If the lawyers will get their
cases ready, they can get any and every decision inside of 30
days. The court needs no increase; a dozen Judges would be
slower, less efficient, for it would take longer to consult if all
studied the case, or it would be a mere foolish guess if the
others voted without careful study on the opinion that one
should be delegated to prepare.
Instead of sadding the state with an additional $40, 600
a year for a larger court, this amendment should be killed ut
terly; and the governor and the legislature pledged to pro
vide a way to decrease instead of increase the cost of courts.
The tax cost could be cut perhaps $6O, 900 a year---as much
as a constitutional convention would cost to fix this matter
for all time. Compulsory, almost costless arbitration and no
court appeal for the majority of cases that should be personal
rather than public, would save the litigants from half million
to a million dollars of perfectly good money every year.
Kill the tax-eating extrajudges amendment that brings
less ef1clency, higher cost, and probable temporary political
manipulation; and look for a way wherever possible to replace !
costly courts with costess arbitration. And then it should
be easy to cut down our district judiciary by one-half. Save
money instead of spending it to our own HARM