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

single soldier!
The Martinez.
other class Of judges. The rank.
fresh reformer. He holds court with |
a brass band! He thinks hat the
whole world Is looking up to him
and his court. He will not waive a
case until the lawyer can get from
the front door to the bar OF the
court, before he enters a nonsuit. He
is ervou and full OF lectures. He
ciucks on the nest. He jails one or
two men who have their unfortunate
hats on their heads In his presence.
He now and then peremptorfly or
ders a lawyer to take his seat in or
der to show his power, and he takes
onense at the slightest i%nattention to
his dignity. He impresses the crowd
immensely, but the lawyers natur
ally will have one of him, and when
he comes to hold the next term of
the same court, he finds no civil CAL
endar arranged. All cases have been
continued by consent and he leaves
hin him such an unWhOlesOme
record that the cause of genuine legal
reform is set back a full generation.
Middle Class Of Judges.
Now between these two judges the
slow, careless and Indifferent one.
with no sense of responsibility, and
that other judge, with no heart and
little common sense-the veritable
martinet-We find the great middle
class of judges, the patient judge, and
silent, with an abiding sense Of re-
sponstbility, who keeps abreast Of
the decisions, who is familiar with
the rules OF the game, is conversant
with the statutes, and. withal, is firm
and decided. who dispatches business,
and makes 1t disagreeable for a law
yer to talk nonsense. Fortunately,
for the good of the country, there are
enough of these true and faithful
men everywhere upon the bench to
administer the law wisely, promptly
and safely, If public sentiment will
sustain them, If the laws are mate
rally altered SO as to give them
bility, and If the bar will hold up
their hands.
SOME CHANGES SUGGESTED:
You now doubtless, ask me what
changes l suggest. The New Jersey
Practice Act Of 1912 should be adopt
ed in every State where it is workable
act alone will not cure the evil
but 1t will lay the foundation upo
which the judges may build. Let u;
consider for a mOmen some Of the
changes which should be made. FRS
Of all, all courts should be regarded
as One and the same court, and, con.
s%eQuently, when an action has beer
bS6oA, IA llAC OWCSL u Il1CcC JUL Us
I it should continue to be in the sam
court. even after it has reached tn
| court of appeals and the record il
n court should remain the recort
{ of all courts. The natural result viii
3 follow that no case can be dismissed
because Of being in the wrong court
1t will be promptly transferred to tn
: right court, upon the payment Of tn
: costs. Again, When such a cas-
: reaches the appellate court. it mus
3 not be dismissed for lack Of proof Q
: some matter capable Of proof by tn
t record, or other incontrovertible evi
e dence without the intervention Of
: jury, and the appellate court shal
e aus the missing evidence to be sup
piled. This is the New Jersey rule
and likewise the rule in England
Consider how often new trials ar
e granted, even in long and tediou
cases, because of some one allege
d error of the most technical and il
d consequential character. For
pie, the appellate's attorney belo'
was permitted to comment upon
: private act, Incorporating the defend
le ant railroad, without having formal
offered in evidence the private sta
= utes containing the charter. or a men
st orandum in writing. formally made I
le the Witness Of what he then test
fed to, was limited in it's use to
* ~OCOHa OF the WITNESS dIO W.
not allowed by the trial court, as sui
is stantive evidence, OF some pape
lie writing in the appellate court lacl
6, a seal, when the record below won,
ID show such seal-when We consid'
IS that these trifing matters result
in new trials continually, we must CO..
I'd clude that the law is often "a wilde
it, ness Of single instances" and tn;
n Judicial Procedure, the Key of ii
liz Temple Of Justice" has grown "a /
10 rusty!
en- Looking To End Of Litigation.
is It is to the interest of the republ
ed that there be an end TO litlgatlO
and there is much to be said in I
yor of the universal demand, amO1
progressing law writer's, that no ne
DIV trial shall be granted On account
ay armleSSe error. A committee OK .
al American Ban Association puts t
matter his wise: No Judgment sh;
be set aside or new trial granted +
nd error. unless it shall appear to t
nAN