Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-03-03
IN BEHALF OF JUSTICE
Noted Lawyers Would Simplify Court
Procedure.

Noted Lawyers Would Simplify Court
| Procedure.
An appeal for simplifcation of court
procedure to facilitate the administra-
tion Of justice was made to the house
judiciary committee last Friday, by a
delegation Of noted lawyers, headed by
former President Taft. Speaking as
president Of the American Bar associa-
tior, Mr.. Taft said lawyers Of the Unit
ed States were practically unit In
believing simple rules Of practice should
govern in all courts, Federal and state,
and he strongly urged passage Of a
pending bill introduced by Represen-
tative Clayton, chairman Of the COM
mittee.
The Clayton bill would empower the
supreme court Of the United States to
lay down rules for the conduct Of COM
mon law practice in Federal district
courts, as 1t has already done in equity
procedure. The procedure Of states
| where these courts are located now
governs them, and last Friday 1t was
pointed out that usages and rules Of
procedure built up by the legislatures
Of the various states have obscured
the purpose Of law in intricate mazes
Of technicalities that have served par
ticularly to protect men Of wealth from
prosecution.
Mr.. Taft said to the committee that
there was nothing in the Constitution
| to prevent administration of justice In
the United States with the same dis
patch that marked English court busi-
| ness.
During the discussion the former
president departed from specific con-
sideration Of the pending bill, and dealt
with the popular outcry against the
judiciary, as 1t is now constituted. He
believed, he said, that the Federal
court system was the bulwark or
American liberty, and that appointment
for life was fundamental In maintain
ing that system, but he admitted that
defects had arisen, all Of which he
thought could be cured by legislative
enactments, such as that before the
committee. A study Of this subject, he
suggested, might be made by a paid
commission. with the approval Of the
supreme court.
Referring to the Investigations Of
several Federal judges, now in prog
ress, Mr.. Taft declared 1t was whole
some thing for congress to exercise
this power.
II think 1t is an admirable thing" he
said, "for these judges to understand
that they are being watched"
One Of the troubles with life appoint
ments for judges" he said, was that
the temptation was strong to build up
about them judicial families" Law
yers knew, he said, that 1t was often
dangerous thing to make charges
against a court clerk before the judge
who appointed him. This temptation
could be removed by congress, Judge
Taft insisted, and the courts as they
are now constituted could be vindicat-
ed without resort to the recall meas
ure, which he believed harmful. Judge
Taft said he would have this extend
even to appointment Of receivers by
Federal judges requiring the court to
select them from list furnished by
the interstate commerce commission.
Judge Taft urged passage Of the
pending bill in the name Of the Ameri-
can Bar association, adding that later
| 1t would be advisable to provide for
| examination Of the rules of procedure
by commission with a view to har-
monizing and administering together
the two sides Of Federal court work.
For the present, he thought the author
ization contained in the bill was all
that should be attempted.
Other speakers included in the list
were Judge Alton B. Parker, Senator
Root. Louis D. Brandeis, Frank B. Kel-
logg and Thomas w. Shelton, chairman
Of the Uniform Judicial Procedure COM
mittee Of the American Bar associa-
tion.
Judge Parker also dwelt upon the
need Of uniformity. He said there was
an ideal in view as suggested by Mr..
Taft, of complete uniformity in proce-
dure throughout the Federal courts and
perhaps even the state courts at some
time.
Senator Root declared legislatures
had built up under the pressure Of in
dividual interests, codes Of procedure
which prevented the courts from ad-
ministering justice. In his own, state,
he said, a man might be compelled to
try twenty suits to reach a decision on
a simple claim.
Corps Of acute, adroit code lawyers
had grown up under this abuse" he
said, who were able to clog the
wheels Of justice with technical eva
sions The man Of small means soon
became discouraged or even ruined, he
said, while men of wealth secured i'm
munity from being brought to justice.