Iditarod pioneer., 1915-05-08
COURT METHODS SCORED
 BY CALIFORNIA JUDGE

SupTeD1G CouIG Ol Illd, uCuN NCiSt SAAA address before the California Bar Assocla- ton at Oakland last fall on Laws Delays and Remedies Suggested" which has ere ated great deal of comment
 Justice Sullivan first showed the almost unlimited power of the courts of the United States, granted by the constitution, which divides the powers of government into three departments executive, legislative ard judicial department denied the right to exercise the functions of another.
 "Yet in practice" he said, "the judicial department IS supreme. While legislative bodies are vested with the supposedly ex- elusive right to make and unmake laws, the courts of this country from their be- ginning have been, by judicial decisions, en- gagged in exercising the same right. Pro visions of a state constitution may be- and at times have been. set aside by courts as in conflict with the federal constitution" After emphasizing the importance that courts of justice should be what their name implies, the speaker continued:
 "Unfortunately our courts do not at all times effectuate the purpose of thelr exist ence Often they are the instruments of in justice The injustice of our courts IS not always wrought by corrupt, incompetent or prejudiced incumbents of the bench. but is often the effect of long delay intervening between the commencement of an action and the accomplishment of it by final ludg- ment Justice delayed IS justice denled' IS an aphorism as old as jurisprudence.
 "The delay in the administration of jus tice in California has been for many years the scandal of our judicial system A change must take place. 1 could refer to hundreds of cases in our state courts where delay varying from five to twenty years and upward has postponed the collection by the plaintiff of an honest claim, or re tarded the settlement of property rights j; where trials, new trials, appeals and re- versals trials, new trials and appeals again. have occurred before the end of the Gtiga ton was reached"
 Professional courtesy and procrastinatlon among lawyers were mentioned as among the chief causes of delay.
 The law should arbitrarily fix the time within which certain acts must be done by the respective parties to lawsuit, he sad
 Justice Sullivan next urged that demur- rers, mainly used for purposes of delay, should be abolished, and stated further that after case is at issue it should be set down for trial by the clerk, or on motion of either party, and be tried at the time set, unless good cause be shown for 8 postpone ment
 The speaker approved curtalment of judges instructions to juries as being among the chief causes of reversals of judgment,
 thus, contributory to delay. All in- structions he said, should be submitted to counsel on both sides before instructing the jury Instructions should then be ruled on and accordingly remodeled.
 Regarding new trials, Justice Sullivan held that no such motion should be allowed
 here the case has been tried before the court without a jury and the grounds of motion are insuffciency of evidence to jus tify the decision, errors in law or excessive damages.
 Tt is absurd, he said, "to appeal on such grounds to the court within few days after decision has been rendered, for an or der reversing the judgment by moving for 8 new trial The law should require the mo- ton for new trial to be served and filed within five days after the verdict of deci- sion. Every unsuccessful htigant should nave the GlSul to appeal I1e SnOulu nave no more.
 It was contended that by extending the jurisdiction of the justice court to include cases which now must be brought in the superior court in the first instance much would be done of advantage to poor lti- gants and to assist in relieving the conges- ton of business in the appellate courts.
 Other practices contributory to long de lays which could be, in the speakers opin- ion, diminished without constitutional or statutory changes were the writing of long, elaborate opinions and the citation of a large number of cases garnered from all sections of the country to sustain decisions or to elucdate points decided.
 Many of the appeals taken to the su- preme court are without merit said Justice Sullivan. Tn the majority of the cases some of which are frivolous, the problems presented are simple and easily decided The practice of writing elaborate opinions by yhe court should be discontinued or cur tailed" he said
 "The courts pay too much attention to orecedents and to authorities of other juris- dictions cited in arguments and briefs. The result is that throughout the United States the legal profession is being overwhelmed with reports, reporters and other law books None but rich practitioner can afford to maintain an up-to-date law library. This is due to the unreasonable respect which the courts maintain for the precedents and decisions of other courts throughout the world.
 "The practice of citing numerous authori- ties makes ease lawyers and ease judges s'- lawyers disposed to view the merits of a cause from the standpoint of adudicated cases, and judges inclined to decide cases more in accordance with precedent than req son.
 q feel sure that if the higher courts would adopt the reforms I suggest within one year from the present date most if not all cases pending before them will have | been decided"