The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-27
SMITH HEADS BAR

NCOilllIluVI IiOlIl L d9O OiAC.J
notice of a suit upon him. He said
that thousands of dollars are wasted
each year in the average Kansas coun-
ty because the legislature has not pro-
vided for service by mail, telephone or
telegraph.
Points to Remedies.
Among methods of diminishing the
high cost of Justice suggested by
Mr.. Kagey, were the abolition of JUS
tice courts, reduction of the number
of jurors to four in civil cases and the
elimination of court costs for copies of
pleadings, together with regulations
requiring attorneys to file carbon
copies of petitions.
By noon today fully 100 attorneys
had gathered at the supreme court
rooms and unless the bad weather of
the last two days impairs railroad
affic, ID. A. Valentine, secretary of
the association, believes that by even
ing 100 more Jill be here. The ses-
sion opened at 1880 o'clock when the
report of the executive council was
read by William -Osmond of Great
Bend, the chairman. New members
were admitted following this report.
Other routine business occupied most
of the morning.
They Didn't Forget.
The association did not forget the
members who have died in the last
year and f. E. Glassock. of Larned,
chairman of the memorial committee
in his report, spoke words of COM
mendatiOn for them. Those who have
died in the last year are: Judge A
w. Benson, Ottawa-Topeka; George H.
Buchanan, Winfield; B. F. Milton.
dge City; Judge p. B. Gillett, King
man. Then came the address of Mr..
Kagey.
1t has al avs seemed to me that
the idea of the bar of the country in
general is that justice is a virgin to be
carefully guarded and nurtured, and
to be kept from the defiIing touch of
any except the priestly hands of her
sworn minister's" he said. 1T is be-
cause of our devotion to her that we
are reluctant to experiment with new
methods of procedure and have been
content to use the clumsy and expen-
sive machinery of our predecessors
rather than adopt the newer. cheaper
and more scientific methods which
already have come into use in other
professions and lines of business.
Not Land of Liberty.
Although we are taught that i'll
TINS land OF liberty and opportunity
all men are equal before the law, we
know that this is true only in theory,
and that while not a courtesan, ever
ready to sell her favors to the highest
bidder as some disconnected agitators
would have us believe she is too much
| inclined to lean to the sutton who can
provide her with the luxuries TO which
she has become accustomed and in
many cases the poorer litigant will
give up his substantial rights in des-
pair. fearful that he cannot satisfy her
| Unsuitable appetite for fees and ex-
/ penSes, and unwilling to adopt the te-
dious process through which we must
venture before he can hope to secure
results
Speaking of the jury system, Mr.
kagey asserted that at the time it was
instituted it was the most important
step ever taken by civilized man for
the conservation of his personal
rights. but in our form of government
4 it is not nearly so important
Abolish 1t All.
Il am of the opinion, however. that
the present jury system would be much
more satisfactory if the number of
jurors was reduced to four in civil
causes, and that the people of this
country would suffer no serious con-
/ sequences if it was abolished alto
/ gether, except in criminal cases JUS
tice comes high when twelve men are
/ employed for days or weeks to settle
4 controversy over facts often requir-
ing expert knowledge. and the re-
iulting verdict guess which is as
apt to be wrong as right. 1 believe
that the retention of the jury system
is largely a matter of sentiment. We
love it for what it has been and with
our usual conservatism are ioath to
make a change.
Every lawyer and jurist in Kansas
knows that the justice court has out
lived it's usefulness Its officers in
nearly every instance are ignorant and
lacking in qualifications. and these
courts are frequently Instruments of
injustice and oppression. Their of
ficers are on a fee basis. and justice
S their last concern. Much Injustice
s sure to result and justice when
obtained is often dearly bought. These