The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-01-20
LEGAL REFORMS, GENUINE AND
SPURIOUS

lima Bar Association at Columbia, |
South Carolina. January 18th, 1914,
by Judge Robert w. Winston, Of the
Raleigh Barr
In addressing myself to this sub
iect, / am quite well aware that, in
these cock-sure times. one must be
either pro or CON. He must bravely
acclaim the wisdom Of the fathers.
or Justify laud the dawn OF a new
democracy. To such men John Mar
shall was the creator Of a nation and
Thomas Jefferson a mOuntebank and
~demagogue, or else the latter was an
inspired political prophet and the
former a fine type of tory and reac-
ionary. / trust that l may approach
ihe subject in hand from a more un-
biased standpoint Medic tutissimus
ibis. To my thinking the lawyer or
Judge who responds to that deeper
note in our political and social life
and sets about to correct the existing
evils, better serves his State and nom
prs his profession, than that other
mar who wraps the cloak of profess
sional dignity o him, blindly
worships the traditions of the elders,
and sneers and SCOTS at any n all
reforms
evils In the administration of the law.
all candid lawyers must admit. In
the Empire State, the home of the
Code, we are told that three cases are
reversed by the highest courts on
points Of practice where two are re-
versed on matters OF substance. The
average life Of a lawsuit in America
is from one n a half to six years.
Delays and uncertainty in our judi
cial procedure are 50 great that the
American Bar Association. the Bar
Association Of many of the States.
the Congress Of the United States,
and the Legislature of various States,
stimulated by the wise suggestions
Of law writers and professors, are
moved to vigorous action. In ten
words a committee Of the American
Bar Association haracteriZes these
conditions: Complex Procedure. In
adequate J~udicature, Procrastination,
Retrials. Unreasonable Appeals and
Uncertain law"
We are warned that the judicial
procedure of the United States is o
on trial before the bar of public opin-
ion Of this country, and ever Of the
civilized world, and that the people
are about to conclude with the phi
losopher de Baccaria hat "the jul
risprudence Of a nation Is far behind
its civilization in other respects
WHY ARE THE PEOPLE DISSAT-
ISFTED?
The average American citizen looks
about him and finds evidence OF
thrift, dispatch, promptness and eff
and economic ~life,-sAye and except.
ing the administration OF the law. Il
he goes into his banking house, M
finds that there are no delays In tn
prosecution of business. II he mar
kets his cotton or tobacco, eager buy
ers are on hand to purchase his pro
ducts. and in the mercantile and man
nf0 v-nrVA fhorn p No lon
and tedious waitings and no lost
motion. When the mellow avs o
the sun warm his broad acres, tn
farmers seed are deity n prompt
ly put IN the soil, and when the tim
If harvest has come, the fruits there
OF are garnered into his barns-bu
not so with the administration OF JUS
tice. In the average court hous
there sits upon the bench a lawyer
wearing the ermine, respected an
Oftentimes beloved, who is but a kin
of a moderator, q mere spectator G
passing events The witnesses ar
examined, cross-examined and re
examined at great length. Th
speeches are long and pro prOli
long because the other side will like
wise make long speeches and mu:
be met on their own ground. In
speeches are not only long but nj
merous, every lawyer must spea
either because he desires to do 8
or else to impress some Juror who
known to be his friend. Meanwhi
the case drags its slow length alon
and the docket, like a turgid an
swollen stream, after the sprir
freshets when the logs are caught
the narrows, is and dammt
up. while suitors and witnesses wa!
and brother lawyers fret, and hui
dreds Of men are kept from the
usual avocations, and the county az
the unfortunate suitors pay sWoll'
bills of cost, until the Bill OF Righ
Itself is nearly, If not quite. violate
because Il delay of justice has b
come a denial of justice.
The Tardy Judge.
Add to the situation the tar'
Judge, who opens court on Tuesd'
instead Of Monday. who lets the loo
bar know that it would be high
agreeable if he could have the Sc
ono week of court at his home. al