Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-01-15

the uniform act as an outgrowth of
through conflicting interpretations to
create a new diversity in place of de-
sired unity. 1t calls for statesman
like appreciation of past. present and
future through which alone the Judge
can discharge his responsibilities as
the interpreter of legislation in the
expanding life of democracy.
As to legislation affecting the courts.
he declared that the tendency to thrust
administrative duties upon them "un-
doubtedly arises from distrust of pow
erful administrative agencies; II SHOWS
a desire to escape their authority. and
to have the judgment OF 1uoiclai
tribunals, with whose STANDARDS the
of difficult administrative problems 1t
seems to me to be the wrong way to
reach the right result. To put upon
the courts the burden of considering
the details of administrative prooiels
would be to overwhelm them. 1t can.
not be too strongly insisted that II
we are to have these important ad-
minstrative Observation-Disclosures properly
perform their duty they should stand
on their own footing, and that the pup:
lie should realize that their safeguard
is not in injecting the courts into the
work of administration, to the con-
fusion of both, but in maintaining an
enlightened policy and IN inslstlne
duct The courts cannot be substituted
for administrative agencies.
The tendency in legislation to deny
judges authority such as restricting
the freedom of judge in instructlns
jury "betrayS a regrettable dlStrust,
the justice declared.
There can be no respect for the law
without competent administration, ana
there can be no competent admln1stra-
ton without adequate power" he de-
oil hal
opportunities in this country and Sc
cure "A proper discharge of the public
business until we get over our dislike
of experts; and the difficulties in the
way of needed improvements IN the ad-
ministration of justice will not be
overcome by tying the hands of those
most competent to deal with them"
Reform, of Legal Procedure.
Speaking of reform of legal proce-
dure. the justice characterized 'the net
work of legislative rules and practice
in New York as reproach to the state
"The remedy. / believe, is to replace
these rules with few statutory pro-
visions forming the basis of procedure,
leaving all the details to be supplied
by rules of court. The important equity
practice of the federal courts of the
country is governed without difficulty
by a few rules promulgated by the Su-
preme Court. There is no other way,
it seems to me, to give the requisite
simplicity and elasticity to procedure.
There may be prejudice among law
vers to committing this power to the
bench, because of the fear that rules of
practice will be removed from the
range of the just influence of the bar.
This. I think, is misrepresentation. 1t
would be far easier to convince court
of the necessity of change in its
rules than to convince the legislature,
while on the other hand unnecessary
tinkering would be made more diff
cult"
Justice in the minor courts" he con-
cluded. 1.-The only courts that millions
of our people know-administered
without favoritism by men conspicuous
for wisdom and probity, is the best as
surance of respect for our institutions.
The administration of commercial law
by recognized experts in direct fash
ion appropriate to the subject is needed
quite as much as uniform state acts to
commend the law to practical men of
affairs. The stripping of criminal pro-
cedure of needless requirements, with
out impairing the security of innocence,
and in general the fearless destruction
of provisions which only embarrass the
just disposition of controversies should
not be long delayed"