The Madisonian. (Richmond, Ky.) 1913-1914, 1914-07-14
TUESDAY, JULY IA, 1914.
An APPEAL TO REASON

Which was IN session at Mann
moth Cave last week, was ad-
dressed by some of the leading
legal lights of the State. Judge
Vim, who was judge of the
Court of Appealsfor a short time,
addressed the Association and
advocated an amendment to the
constitution, which would limit
the session of the Legislature to
a long period of years between
sessions, and gives his reason
that the people cannot learn the
old laws before the legislature
has provided an entirely new sys-
tenn Of laws.
This proposition has always
been advocated by the Madison
ian. There are entirely too many
new laws made which must be
construed by the Court of Ap-
pealS, and before these laws
reach that court a new crop of
laws have been enacted by the
legislature thus making d perpet-
ual grind.
The people overlook the fact
that it costs them many thous-
andS Of dollars d year to have
these laws construed.
Cases start in the inferior
courts, then to the circuit courts
and then to the Court of Appeals.
The total cost of this needless
litigation. viewing it in one re-
Spect, yet entirely necessary
when viewing it in another re-
spect, runs in to millions of dol
lars yearly.
We do not want to be under
stood as saying that the court
costs amount to this, but when
you take into consideration attor-
neyS fees, loss of time of the liti-
giants and witnesses in attending
court and the suspension of bust
ness until the laws are construed.
very easily runs the cost to the
people beyond the million dollar
mark. All of this cost and the
confusion bred by til e
new laws n d tn e party
sis Of business consequent TO
such confusion, would be saved
to the people if the session of the
legislature were limited to, say
one session each ten years. If
an emergency makes it necessary
Tor the Governor to call for an
extraordinary session, it could be
done.
Judge Vim further says In his
address that the LAWYERS can
scarcely keep up with the laws.
In this he is quite correct, and
he could have added with great
truth that the courts do not keep
up with them, and cannot for the
very reason that a large part of
their time is consumed in writ
ing petty opinions made neces-
Sary by an unreasonable law
which requires our highest court
IN the land to write it's opinion
in every little case case that goes
before it. 1t matters not how
often the point may have been
been litigated and settled, the
court must write an opinion and
set forth its reasons for the same.
The later opinions written bv
the Court of Appeals fairly bristle
with citations of cases to sustain
the opinion which its is writing.
And it has grown to such an
alarming extent that no LAWYER
Can now say with any degree of
truth that he has read all the
cases bearing on a given subject.
You can take the simplest ques-
ton that meS0before the court
and undertake to examine It'll
from the last decision to the first,
and you will find a large number
OF cases bearing upon the ques-
ton, differing in the language
employed by the court, which
gives rise to difference of opin-
ion among the lawyers and courts
as to what was meant by the
opinion which breeds confusion.
When we came to the Bar
twenty-seven years ago the juris-
prudence of Kentucky was con-
tanned in eighty-fve volumes, the
last three of which had not then
been published. To day the off |