The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-20
PLAN TO END LAW
DELAYS ADOPTED
BY CONVENTION
Heeds Roots Plea for Simple,
Speedy and Less Costly
Legislation.
CALLS PROCEDURE
HERE TOO ELABORATE

ALBANY, Aug. 1s.-Elihu Root sue
ceeded to-day in having the Constitu-
tlonal Convention unanimously adopt
that section OF the judiciary article
which deals with the laws delays. The
plan had been attacked by Edgar T.
Bracket and seemingly he represented
a number Of lawyers In the convention
who were determined to undo this por-
ton Of the work OF the committee on
judiciary. OF which George ". Wicker
sham II chairman.
Finally President Root came to the
aid of this provision and pointed out
that the convention could not adjourn
without the delegates being able TO tell
their friends and neighbors when they
returned home that they had done some
thing to stop the laws delays and make
litigation simpler and cheaper for the
htisant. President Root became quite
emphatic az he urged the delegates
either to vote for this plan or suggest
q better one.
II heard a lawyer In New York city
the other day boast that he could post
pone any litigation for seven years,
said SIR. Root, and I asked a lot OF my
legal friends whether that was true.
They all said they did not doubt IT,"
How" | asked.
"'why. by compelling the honest fe'-
low who mes into court TO redress q
wrong or TO ecure a right to lttigate
one after the other many statutory
rights tina have been created by the
LEGISLATURE was the answer.
Court Must Follow Law.
.srhe courts must observe the law
continued MIR. Root. and so the plain
man who wants to get a wrong redressed
has, bristling between his demand for
redress and his judgment, a dozen liti-
cations that he has to fight out before
he can get TO the end Of his Judgment
"We have been making our system of
procedure here conform TO the subtle.
acute, highly trained ideas OF lawyers,
II ought to be made TO conform to the
plain mans Intelligence and experience,
so that the farmer. the merchant and
the laborer can understand it
The pan which Mr.. o was dis
cussing provides that
To secure a more simple, speedy
and effective administrator OF Justice
u shall he the duty OF the Legislature
To act with all convenient speed upon
the report of the board OF statutory
consolidation transmitted TO the Les's-
lature by the Governor on April 20
last End TO enact a brief and simple
civil practice act and to adopt a sepa-
rate body Of civil practice rules for the
regulation OF procedure In the Court
OF Appeals. Supreme Court and Count
courts.
The Legislature may make the civil
practice rules or any part thereof APP
plicable 10 such other courts as IL may
provide. Thereafter. from time 10
time. AZ intervals OF not less than Ave
years the Legislature may appoint a
commission 10 consider and report
what CT -ss, II any. there should be
IN the law and rules governing civil
procedure.
To Act on Each Report.
The Legislature shall act on the re-
port OF each u commission by a
single bill and the lie Elsla;ure shall
not otherwise. or At any other time.
enact any law pre- cr.h!ng, regulating
o. changing The civil procedure In the
Court % Appeals, Supreme our or
County courts unless the Judges or
Justices empowered 10 make and
amend civil practice rules shall certify
tina. legislation Is necessary.
After the adoption OF The civil prac-
lice rules by the Legislature under the
IeQElt -ttltlll Oh TIE llTrA par v
this section, the power 10 alter and
amend such rules and to make. alter.
and amend civil practice rules h vest
and remain in the courts Of the State,
to be exercised by the Judges OF the
Court OF Appeals and the Justices OF
the Appellate Divisions OF the Supreme
Cour;. or by u judges or Justices OF
the Court Of Appeals. the Supreme
Court and the County courts as tho
Legislature h provide.
An amendment 10 the judiciary ar
ticle providing that a litlgsnt in tn,
City Court should have the same RICH
OF appeal az n iitiglnt in the Suprem,
Court was beaten In the convention b,
. vote Of 80 TO 50.
Service Article Revised.
A revised Public Service Commission
article has been greed TO by the publ
utilities committee and II Will be re
ported to the convention tomorrow.
The committee sim declares that Their,
shall be two Public Service commission
but adds "A provision hat the Legisls
ture may change the Jurisdiction o
either commission and reduce the mum
Der OF members % each commission q
not less than three. but IT retains Il
each commission the Jurisdiction. power
and duties IL now has.
The committee also retains the pro
vision thai the present Demo ratio Pub
lc Service Commissioners Cannot be re
moved By TIE Governor, but that the,
shall be protected in once until thei
respective terms expire.
After these terms DO expire their sue
cessors may be removed by the Senat
on the recommendation OF the Governor
stating the grounds on which such re
moval Is recommended. Now the Gov
srnor can remove without the Senate
action.
Another provision which the comml;
tee retains in the revised article pro
hibits the Legislature from presc-ibin
O rate or standard Of service for an
public utility until after il has receive
a report from one OF the Public Servic
commissions which has investigated IN
question. although tie Legislature ma
pass a rate blll II the commission fail
70 report within a specified time.
The night session was devoted 10 IN
consideration Of the section making tn
Court OF Claims "A constitutional couf
OF record and II was adopted withou
Amendment by "A big majority despit
TN attacks upon Il, led by Edgar 7
Bracket Of Saratoga,
PR0GRESSIvES DECIDE ON TES,