The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-28
D ele g tion Of Noted
Lawyers Before House
Committee.
JOIN IN APPEAL
FOR SIMPLE RULES
Nothing in Constitution, Former
President Says, to Prevent Adj
ministration of Justice With
Same Dispatch That Marks
English Law-Need of
Uniformity Urged.

Washington, February eT.--An ap-
peal for simplfcation OF court pro-
ccdure TO facilitate the administration
OF Justice to-day was made 10 the
House Judiciary Committee b. dele
cation of noted lawyers. headed by
former President Taft Speaking as
president Of tho American Bar Associa-
uon. Mr.. Taft said lawyers of the
United States were practically a unit
in believing simple rules OF practice
should govern In I'll courts. Federhl
and State. and hc strongly urged pas
sage of a pending bill introduced by
Representative Clayton, chairman Of
the committee.
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 arc located
now governs them, and to-day ii was
pointed out that usages aud rules Of
procedure built up by the Legislatures
OF the various states have obscured
the purpose OF law In Intricate nazes
of tcchnicalities. 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 cour, bust
ness
Buiwnrk of American Liberty.
During the discussion the former
President departed from specific con-
sideratlon of the pending bill. and
dealt with the popular outcry against
the judiciary, as II Is now constituted.
He believed. he sa:d. that the Fedora. .
court system was the bulwark of
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
enactnents such rs that before tho
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 progress.
Mr.. Taft declared it was n wholesome
thing for Congress TO exercise this
power.
II think It Is an admirable thing"
he said. for these Judges TO under
stand that they are being watched"
one OF the tIOuplcS with lIIc dppoiut-
ments for judges. ne said, was that the
temptation was strong to build up
about them judicial families" Law
ycrs knew, he said, that II was often
n dangerous thing TO make charges
against 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 vindicated
without resort to the recall measure,
which he believed harmful.
Judge Taft said he would have this
extend even TO appointment of receiv-
ers by Federal Judges. requiring the
court to select them from list fur
nished by the Interstate Commerce
Commission
In Favor of Pending dill.
Judge Taft urged passage of the
pending bill In the name of the Amer
lean Bar Association. adding that la
ter II probably would be advisable to
provide for examination OF the rules
of procedure by a commission with a
view to harmonizing and administering
together the two sides of Federal court
work. For the present, he thought the
authorization contained in the bill was
all that should be attempted.
Other speakers included in the list
were Judge Alton b. Parker, Senator
Root. Louis 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 dWclt upon the
need of uniformity. IIs> said there
was an ideal in view, as suggested by
MIR. Taft, OF complete uniformity in
procedure throughout the Federal
courts, and perhaps even the state
coSrts 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 adj
ministering justice. In his own State.
he said n man might be compelled to
try twenty suits to reach decision
on simple claim
Corps of acute, adroit code lawyers
had grown up under THIS abuse he
said. who We're able to clog the wheels
of justice with technical evasion"
The man of small means soon became
discouraged or even ruined, he said.
while men of wealth secured immunity
H..