The Birmingham age-herald., 1914-07-11
Anderson Submits Report of Committee on Judicial
 Administration
FAVORS WORKMAN'S
 COMPENSATION ACT
Recommends Simplified Procedure in State Courts, Reduction of Time in Signing Bills of Exceptions in
 Criminal Cases, Etc.

Montgomery, July 10.-(Specia1) Declaring that the time for present. ing and signing bills of exception in criminal cases should be cut down from 90 to 30 days advocating a worlmans compensation act, simplified procedure in the courts of the state, and reeom- mending many other important changes in legal practice, Chief Justice John c. Anderson of the supreme court today read to the State Bar association the report on the committee on judicial administration and remedial procedure, of which he is the chairman.
 Judge Anderson declared that trial courts should, when it is practicable, set a time for hearing and settling pleadings before the case is placed upon the jury docket. Tt seems an ab- surdity," he said, "to keep from "A to 36 jurors in the courthouse at the ex- pense to the counties for hours and sometimes days listening to lawyers arguing and wrangling over special pleadings"
 The chief justice of the court de-
  "to rid the state of many of the tech rical Instructions which stand in the way of a speedy and final decision of cases upon their merit, without invad- ing the legislative department; but it cannot uproot legal principles or change the construction of statutes re- enacted as previously construed though the vice of same may be due to the n of vino the first in- stance"
 Judge AndersOn's Report
 Judge Anderson's report, in part, was as follows:
 we have had in mind many sugges- ticns which could well be incorporated in this report, but have omitted some of them, thinking that they would be treated by other committees, especially, the question of uniformity in the labors of the trial judges, which will doubtless be dealt with by the committee upon distribution of work of nisi prius courts.
 Trial courts should, when practicable, set time for hearing and settling plead ings before the case is placed upon the jury docket. It seems an absurdty to keep from 24 to 36 jurors in the court house, at an expense to the counties, for hours and sometimes days, listening to lawyers arguing and wrangling over spe-
  practical in some of the circuits where there is a limited time to get from one county to another, but it is practical In the city, and law and equity courts with lengthy terms and unlimited time, and should be observed. It is reported that some of the trial judges give, as req son for the nonobservance of such rule, the fact that they do not like to try a case by piecemeal. It strikes your com mittee that the pleasure or convenience of the judge is of less importance than the convenience of the public, or the draft upon the state and county treasuries
 we should cut down the time for presenting and signing bills of exceptions in criminal cases, to 30 days. As 1t now is, the defendant has 90 days, and the judge an additional 90 days, for signing and filing the same, and in the meantime there may be a call of the appellate di- vision to which the case belongs-thus causing a delay frequently of nearly a year between the trial, and getting the case to the appellate court.
 Workman's Compensation Act
 ''It is but a question of time when Ala bama will have such law, and the sooner it comes the better for the em- ployer and the employe. as we'll as the courts. Plaintiffs have lost many merit orious cases because of slight contribu-
 
 ligence doctrine does not exist in this state; and on the other hand, there has been a want of uniformity in the size of the verdicts where there was re- covery; sometimes several thousand dol lars being awarded for a sprained ankle and then, only few hundred dollars for a lost limb or broken neck. A wise | worlkman's compensation act can be made to operate in the nature of an insurance with a fixed standard as to the amount and the adjustment of the claim, with out a burden to the courts or to the parties. As to whether such a law should | exclude the present liability act, or be cumulative herewith, is a question fol 1 the legislature, but in any event it will be a great relief to the courts and tend | to promote an equitable adjustment oi | claims for personal injuries between em- ployer and employe. The last act adopt ed by the state of New York on this subject seems to be wise and complete one.
 While the adoption of such a law Is g 1 legislative question and pertains to sub | ject upon which you have special com | nitte. yet the enactment of the sam, would tend to relieve the courts of many burdensome and tedious trials, and there 1 fore affect judicial administration, ant which fact affords this committee al excuse for alluding to same.
 OlmpIIy ITOCcuuTc
 There should be such a change in oul | legal procedure as would not only enabl' | trial courts to arrive at just results ex pe6itiously, but would enable the appel | late court to pass upon the merits of thu | controversy, rather than upon the actiof | of the trial judge, in giving or refusint some special catch charge. or in rulins | upon a multiplicity of pleas, as required under the present system. but which ques tions could be eliminated without affect | ing the real merits of the controversy | Shortening the road to right and justice should not destroy the science of the pro | fession, as science and ability can bet l ter be utilized in trying cases upon meri than in trapping the trial court. More over, if there is a conflict between skill and right the former should yield t' l the latter. We do not think. however ] that a simplification of our system vii destroy the law as science or weaker | the high standing of our lawyers. w have been told that many of our old law yers were very averse to the adoption o code forms. conten'1ing that it would ruil the profession and make the practice o
 law cheap trade rather than a skilled profession; yet who would now exchang the statutory action m the nature of eject | nent for the common law fiction, which during the past decade, had but one ad | vantage over the statutory form, whicl | was that it enabled a plaintiff to hedg | against proof of adverse possession O
 another, when one of his deeds was ex uted; and even this advantage has beel made unnecessary by the present code which preserves the conveyance even i | there was an adverse possession
 ''We should have additional forms Lowering cases and subjects not nov provided for with perhaps n hin n