The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1915-08-28

ate. / said the governor speaks to
the legislature by message; he votes
aye in approving a bin. He votes
with a one-third vote when he We
toes, and l was a veto-governor. I
said the governor is a member Of the
legislature. l happened to state
this TO a senator. He showed me =
decision of the supreme court of Flor
IDA to this effect. / sent a copy Of
this decision, by special message, to
the legislature. / then became a
member of that legislature. The
judiciary committee of the House re-
ported adversely upon the bill. The
Senate passed it. When the House bill
came up in the House, advised the
gentleman in charge Of the bill, up
on motion to indefinitely postpone, to
call for the ayes and nays. The bill
was killed Having the Senate bill
still on the House calendar and re-
ported unfavorably, / commenced to
work on the nay vote. saw one,
two or three members each day. Fin
ally said to the member in charge,
call it up and it viii pass by 22 to
45, being two-thirds and one over,
some being absent, although only a
majority was necessary. It passed
by 10 to 80, being two-thirds and one
over. That shows what work will do.
1t is practically dead letter because
/ reckon, so many other features and
precedents of the courts and laws
throttle it. ] mention the work nee
essary to pass Il to show the difficult
ty of accomplishing results. 1t ought
to be put into the constitution of ev-
cry state, as has been done in Cali
fornia, Ex-Presidents Taft and Roose-
welt and the American Bar Associa-
ton recommended the passage of such
an act by congress. II put into any
constitution, it will require much work
to pass it in the legislature. The
judiciary committee Of one or the
other branches is sure TO oppose It.
Every little squabble between man
and man has to be settled by some
outside called lawyers or attorneys.
In medicine, when you need a certain
dose, the doctor used to call it II 2 o
plus Ma CT. Now they call il "salt
water" If you have now a little
you can buy sc Of pills or
lOc Of some other medicine and pro-
seed to cure yourself. It will take
hard grinding work to get the legisIa-
-ure to pass any such remedies. In
Chicago, when 500 or less is involv-
ID, they have passed some law by
which "due process" can be obtained
'y each party to the suit going be-
fore the court and stating his case
With the evidence, without the neces-
iity of outsiders, "due process" being
% simple. This is about the only in
stance / know of in which a sick lay
nan can get SC or 1Oc worth of legal
pills without having to pay a DIR. of
Jaw, SO to S25, or 500, for the pre-
icription. The law should be so sim
1lified that the ordinary affairs could
,e settled, in court if need be, without
due process" overshadowing right
md justice" 1t might be well to
NAAC DE[AdAdNADn6 u AkAEnL1y OL
he constitution, so that every Judge
will have to swear fright and Justice
5 the essence of the law, and that
due process" is intended 70 assist in
securing such, not to prevent il.
The American Bar Association pro-
'osed also the following: "The trial
udge may in any case submit to the
ury the issues of fact arising upon
he pleadings, reserving any question
# law arising ih the case for subse-
Iuent argument and decision. and he
md any court TO which direct judge
nent to be entered either upon the
'erdiet or upon the point reserved, il
Onclusive, as it's judgement upon such
'oint may retire.
Anyone can see at once the neces-
ity for some such law. Consider
wo, three or four Of the best legal
alent in the country studying for
weeks and months 10 get up so to 100
me points on which to except.
consider a poor trial judge with but
Concluded on Second Parel