Omaha daily bee., 1915-08-25
The Laws Delays
Debate in n. z. o,nst. Convention.

7 NDER the old common Law system said EliAu
" Root. practice had become so compile ated ana
difficult that Il difficult for an honest mao
20 get his rights There IL good deal Of human ma
uro H. II has been since the laws Of the Medes
and Persisns were formulated; Il has been 30 since
the days Of Egypts power Wherever special class
Of men have had entrusted 10 them the formulation
and administration Of laws. they tend to make Il
mystery They tend to become and more subtle
and refined their Determinations. until ultimately
they have got out the field where they can be fol-
lowed by plain honest peoples minds. and some po"er
must be exerted to bring them back.
Il believe there IL no duty which Is demanded
from this convention generally than the duty TO
do something to make our practice more simple.
speedy. inexpensive and effective"
Mr. Root traced the history OF the civil code and
referred 20 the constant changes made by the legsa
ture. Continuing. he said:
II heard the other day lawyer in New York
boast that he could postpone litigation for seven
years and asked lot OF friends as came aons
whether that true. and they all said they dld
not doubt f. How? Why by compelling the honest
fellow that into court to redress a wrong or
TO secure right TO ltigate one after the other.
statutory rights that been created by the leg q
lature. Courts cannot ignore them because they are
rights given by law. The courts must observe th'
law. and 30 the plain who wants TO get wrong
redressed has, brl'ting between his demand for
redress ana his judgment dozen ltigations that he
has to fight before he get to the end of his
Judgment.
1--WE have been making our system Of procedure
here conform to the subtle highly trained ideas
OF lawyers. That is not the true basis
The system OF procedure, course cannot be
simple but as far possible it ought TO be made to
conform 70 the plain mans intelligence and expert
ence ought TO be that the farmer and the mer-
chant and the laborer understand It, and know
why he is delayed in getting his rights can UNDER
stand that processes which he Is subject have
a reason and what the reason is, otherwise you
cannot respect for the law. that confidence
In its Justice. necessary for the maintenance or
system of Just administration.
Now ought 20 get back TO the fundamental
idea profession which Is to be priests In the adj
minlstration Of justice. l old enough Mt the ba'
TO have the who were my partners, my juniors
my clerks. sitting the bench, and look at them
from a different angle from that that can recall
forty fifty years when looked up to those
men-they like the rest Of us. But m"
friends they are honest and just They want do
Justice II they permitted to. They will do jus
;ice II they are permitted TO.
This network OF meticulous rules that are made
by legislature with honest purpose prevents them
from doing justice in that particular and tho
people of our state and OF country understand
the pathway OF Justice IL obstructed They feel that
the honest would better lose his claim than so
into court ana spend his time and money in the laws
pursuit, which seems to have end And they arc
indignant over Il and restless and dissatisfied
1t. and they look 10 us TO do something"
There was q warm debate when the convention
took up the section which limits appeals Some of
the lawyer delegates this section This aroused
Louis Marshall who said:
IF in any case arising in inferior court" he
said there shall be right of appeal. not only TO
intermediate appellate tribunal like the appelIat,
can we make TO the claim that not trying TO
prevent the laws delays but that encouraging
the laws delays?
Are we 70 submit TO the criticism which would
be very natural one that convention consisting Of
preponderance of lawyers, IL framing a constitution
Tor the purpose OF creating business for lawyers?'