Marble Hill press. (Marbel [sic] Hill, Mo.) 1881-1923, 1915-02-11
Speedy Justice and Economy Chief
Aims Of SimpIitied Code
Jefferson CITY letter.

(Jefierson CITY Letter.
A delay Of justice is a distinct de
nial Of justice.
This simplification of code in an
peal cases is certain to be som,
added burden to lawyers and tria
judges, bat is a positive relief an,
boon TO litigan,s and to our over
worked appeal courts.
In these epigrams two OF Govern
or Majors special Code commission
speaking before a joint session of the
Code Revision committees Of the
house and senate. summarized th,
working results Of the second OF The
eighteen measures which the com.
mission recommended,
Jointly presided over by Senator
Frank Harris and Representative
Joshaa Barbee. the joint committee
listened 10 explanations and argu.
ments from former Circuit Judge
Hugo Muench. John w. Halliburton
JAMES c. Jones. Elijah Robinson.
David II Harris Judge Albert D.
Nortoni. and other distinguished
members al tie bench aud bar of
the state.
The only objection that might be
rassed 10 tue sisnplitied code" re-
marked Col Halliburton OF Carthage,
who has praciicrd law nearly half
century. ,s hat iilast of US are afraid
We will have To So school again But
II doctors. who used To cup and bleed
their patients. have learned modern
surgery in the past twenty-five years.
We can learn. too, for | contend that
our profession Is rs intelligent as
the doctors
This act repeals ia sections OF
the General Code aud re-enacts i03
sections Probably the most impor-
tnnt ssy.tions---in the Interests OF
speedy jussice--are two.
First. the amendment which abol-
ishes demufrers and special separate
pleas The sections say
specifically The only pleadines on
the part Of defendants are exceptions |
and answers and all of the excep-
tons 10 one pleading must be EN-
braced in aae paper" BY these
sections the revision aims TO prevent
The tactics employed by certain in
crests In ee.iayiag the trials Of cases,
shich not osaly has resulted in nc
ual miscarriage of justice. but in
enormously the expense
Il litigation. both to titisant and
axpayer
Second, the sections providing for
he shortening OF transcripts in ap-
eals, Ii Is provided that ali errors
I the trial court. assigned as grounds
,r new trial. shall. like the excep-
ons to the petition. be included in c
ne motion Further, that, instead ]
the voluminous method of making q
p an extensive record Of every word
,oken at the trial and the entire "
sntents OF every paper introduced y
evidence. litieants may make up = :
short record by reporting the bulk Y
the evidence in concise narrative y
rim. and merely setting out in full g
ose parts claimed OF as error. u
This curtailment OF the record IL
ust depend upon an agreement of
e opposing attorneys. and. unbe- "
veabIe as il may seem. IL Is claim. {.
that this miraculous result has |"
Ell accomplished In a vast majori- n'
of the cases where the plan is Ju
operation In other states
The advantages of the plan must
once become apparent to anyone. Or
II at once diminishes the expense De
litieants of preparing and printing ed
ethy records. and reduces the in,
* Of the appellate judges in con- DIR,
sring aud passing on the cases ID
IL q hearing on the measures be- ca,
. the Joint committee, an example dol
! lengthy record in the Supreme are
IT was exhibited by Breckinridee wa
g. secretary Of the Code commits bre
!. The bound record. when piled cha
thar m, the fl.,or r,arho1 ,ho,,o -,