New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-01
Justice Often Defeated by
Complex Procedure,
He Asserts.
GRAFT INQUIRY
HAS ONLY BEGUN"
District Attorney Tells Buffalo
Lawyers Club Bar Should
Hasten Reforms.

Buffalo. Jan 3l.-Justice is often defeat
complex procedure OF the courts. said
Charles S. Whitman, District Attorney OF
New York. in a speech at the annual din
nor OF the Lawyers Club tonight. In
which he urged reforms stripping the
controversy of everything but the real
issue before 1t reaches the trial court.
Mr. Whitman avoided any reference to
the graft investigation he IS conducting
In New York and declined TO discuss the
subject as one too delicate.
I'VE have only made a beginning, No
said There is tremendous amount OF
work ahead, but we are going to see IL
through
Mr. whitman was the guest 81 the cluo
to-day on a trip 20 Niagara Falls ~here
an inspection OF the great power plants
was made and around the Niagara gorge
The dinner tonight was attended by al
the Supreme Court justices OF the etn
Judicial District, by the district attor-
neys Of Erie, Allegany. Chautauaua,
Wyoming. Niagara and Genesee counties
and by many Western New York lawyers. +!
Among the abuses prevalent in the civil
procedure OF to-day. Mr.. Whitman said
in his address. was the multiplicity or
matters incidental 10 the disposition or
the rights OF parties-motions for bills,
of particulars, for depostions, for exami-
nations OF parties before trial and mo-
tons affecting the place and mode or
trial To these, 10 a large extent, ne ar
gued, made usually in piecemesl and be-
fore different judges, is due the expense
and wicked" delay attendant upon pres
ent day litigation.
"A remedy has been found in England
and Canada, and remedy can be found
here" he continued. 1T is the duty OF
the Bar 10 seek that remedy and 10 take
steps for the accomplishment OF reform
along these lines. The public stand be
hind you-the Bar OF New York-and upon
YOU rests the duty of commencing this
, great work and seeing TO it that it is
carried to a triumphant conclusion.
1T has been shown that the actual
conditions OF the practice Of tho law To-
day are such that the merits Of the con-
troversy are often swallowed up in pro-
cedure; the technicalities and over-abun-
dance of the administrative features OF
lawsuit are 90 great that the main issue
becomes side-tracked, and thereby Justice
is often not only delayed, but absolutely
defeated In short, the administrative
branch OF our law has grown topheavy.
AS to the remedies the Bar has come
TO regard It as settled that some branch
OF the main tribunal should be delegated
TO strip the controversy, prior TO IT'S dp-
pearance before the trial court. CT every
thing but the real issue. and the only
difference OF opinion existing is as to the
best method by which this result may be
accompllshed-but it is now generally
conceded that masters especially compe-
tent TO deal with procedural matters
/ should be appointed, so that only the mat
ters really in issue will be presented 10
the trial tribunal, and all this should De
speedily. ineXpensvely and effectively
done as soon after the institution OF the
suit as is consistent with the preserVa-
ton OF the rights and liberties OF the
suitors.
"A constitutional convention will be
held in the near future. There will be
great forum for the discussion OF thes'
matters, and there, by furthering the Sc
lection of delegates competent to consider
these important matters, and by the prior
formulation Of a programme employing
ideas OF reform, the Bar OF the state
may make it's voice heard in no uncertain
wsv. confident that the great mass OF the
peope will stand behind il in taking
stem that will be the means Of handing
down to their own and future genera
lions a new freedom-a freedom from the
tyranny OF procedure, bondage to wnich
YOU and | have grown accustomed AZ IL
has in no small degree enslaved litisants,
LAWYERS and courts and judges as we'll
II trust that this thought may bear
fruit. and that, when the next constitu-
tional convention is held, this association
Of the Bar, as we'll as your sister associ-
atoms. will be prepared upon this matter
| so that they may be well represented In
| advancing the cause OF simplicity 70
procedure.
1.-The foundation stones OF ali systems
for the dispensaton OF justice should be
speed. sureness and simplicity. and the
greatest OF these is simplicity"