The Birmingham age-herald., 1915-07-20
DRYER ADVOCATES
 DRASTIC CHANGE IN COURT PROCEDURE:
Prepares Bill Which Has Been Presented to Senate by Judge-WOuld Abolish Present Headings System Entirely

Judge F. II. Dryer. referee in bank-' ruptcy, is a strong advocate of reform in the code of procedure in the law courts of the state, and has prepared a bill to that effect which has been presented by Sena- tor Thomas J. Judge to the senate He would abolish the present system of plead ings, restrict complaints to one count briefly worded. that admission of imma- terial testimony shall not constitute re- versible error, and several other features form and that the Judge bill. Judge Dryer made the following statement:
 Judge Dryer Explains
 Whatever system is made, it should be uniform throughout the state. We should have no supernumerary judges, or anything that in the least mars the symmetry of the plan A persons rights and his remedies should be the same in every county
 If judges at trial are hedged about with innumerabe restrictions; if they have no discretion; if they are to be tried in- stead of the case technicalities follow as the night the day. If that Is to continue to be the policy, no progress will have been made, no matter what the system be. The only way to suppress 'technicalities' is to limit appeals and questions on ap- peals. If mere summons with general statement of character of the case is not wise too progressive), then such a bill as l prepared for Senator Judge, which has been introduced in the legislature, so amended as to meet the sworn plea ques- ton. would save nearly half the time of all the trial courts in the state. It would give much power to and lodge great discretion in the lower judges, but it is better to give them power and suffer by their mistakes than to risk the gamblers s game, as at present played
 ''At last the administration of justice must depend on the trial judge, who should be a competent man and well paid. Hard to get the man? Yes, but the gov ernment is the peoples government of themselves. and l believe where great power is reposed and mistake made they will rectify 1t when informed. If such bill as the Judge bill is passed, you wil, need only about half as many judges: for 1t would save half the time of the trial court as well double the chances of g just judgment. With such system of pleading and procedure the number of judges could be made less than is now proposed, and the business transacted with ease and dispatch. The attendance ot juries and of witnesses would be re- duced three-fourths: for most cases would go to Judgment as soon as the gamblers ga me stops.
 'If special written defensive pleadngs were done away with the judge could ha al-Af Ar,1 ,tt tha. any defense on merit, and hoe the field to a stand quickly. There would be no ne- cessty for settling the pleadings' before the trial (which. In practice will not work). The lower judge ought to have the power to ask the defense. at any time, to explain orally what defense he has; and. if he states none, to enter Judgment then and there. writing it full enough to show what is res adjudicata. We should abol- ish nummery. and schools of critical locu- tion.
 Would Remove Appeals Court
 '1f these ideas were in concrete form put on the statute book there would he no need of the court of appeals: and the judges of the supreme cour. might have time to prepare uniform and useful rules of practice for the lower courts. but bear in mind this: There is great danger of appellate judges making rules thar will lessen their work in given case rather than such case be disposed of as a thing wherein justice between men is to be awarded Reform there Is needed as bad ly as elsewhere. Where mistakes are made they should set aside submissions of their own motion: and If terms are imposed, 1t were better so than that jus tice should be denied. A just man can not Int be incensed when the supreme court of state, on account of some error made by lawyer in submitting above, takes away from man all he has earned in a lifetime of honest toll and. although they have the power in their hands to rectify. they set their hearts like flint against all appeals for justice.
 Judges should be subject to transfer; but there should be no imperative rule requiring such transfer. when the busi- ness does not require it.
 ''Nisi prius judges should be paid s5oo0 a year, and be required to earn the 
 solicitors should get si5oO year and likewise earn 1t.
 The Proposed Bill
 The Judge bill follows: "A Bill to be entitled an act to regulate
 judicial proceedings:
 Section 1. Be 1t enacted by the legis- latlire of Alabama, That. in any civil action at law, except as to matter of set off, the trial court may, in lieu of all pleas in bar. in it's discretion, enter san order that The defendant pleads in shcrt which shall end the pleading, and have the effect of putting in issue every thing which might. subsequent to the be generally or specially plead ed by the defendant or by the plaintiff; and, likewise. in bar. to pleas of set-off. the trial court may enter an order that TO the matter of set.off the plaintin l-t- pleadings on matter of set-off and have the effect of putting in issue everything which might subsequent to the pleas of set-o6 be generally or specially pleaded