The Detroit times., 1917-01-11
James Pound Has Plan
for New Judicial
System
JUSTICE is RARE
NOW, HE ASSERTS
Says System Furnishes
Rich Field for
PettifOgger

Contending that the present Judi
ciary system OF Michigan Is so com
plicated that II does not serve the
ends ~ Justice but furnishes, in.
stead rich field FOL the pettifog.
ger who depends on the quirks and
The technicalitics OF the law. Aitor.
ney James n Pound has prepared
proposed amendment TO the state
constitution which would vest the
entire judicial power of the state
in a single court 20 be known a.
tho Peoples High Court OF Justice.
Attorney Pound urges that the
proposed amendment be submitted
10 tho electorate this spring With
his characteristic candor. he adj
mits hat he is taking the step with
some timidliy. because in HIS So
years OF residence in this state he
says he has never known n meas
ure 10 pass which was designed 10
save a dollar for the taxpayer.
Judges Themselves To Blame"
The attorney does no, hesitatn
10 place some OF the blame for al
legged faults OF the present system
on The shoulders OF tho Judges
themselves
Among other things he propose
the adjustment OF the probaie
court which, he says has been pre-.
sided over az different times within
his know ledge by men unlearued in
the law HC declares an eXamina.
ton OF the records OF Tits court VIII
show that estates arc swamped BY
parasites who receive exorbitant
fees
Mr. Pound outlines the powers OF
The proposed new court a. follows
The judicial power IN tins stat
shall h. vested in one court t. be
known as The Peoples High Court,
80 Justice" which shall have luris-
ACTION 90 award Justice Ia all cases
original Jurisdiction IN all cases
within the tur isdicticTi ~ this state.
2 IN law and "a chsncrrv and probate
procedure also. what is known A.
ecclesiastical or marriages and divorce
law and all law known % man
whore the amount invoI-cd exceeds
iion also. 81 courts to De held q;
justices % the peace With civil iur
fsdlcffn- 80 eurus unf % N~eed $500
N actions arising on contrscts ana
300 lu actions 80 torts with right
- nppeai ~ the peoples high court
- justice ir all cas"r from any
suhord nate court Justices ~ fhe
peace ~ have no Jurisdiction tn
rases fof iihri ISLANDER malicious
prosecution 1ud breach ~ promise o.
uarrtnrn fHfs nor against or iu
favor - municipal corporations
write 40 error and certinrari are
hereby abolished in all cases and a
review is hereby given hv an appeal
TO all nnrtier. littRapt similar 90 the
present method ~ appeal IN chan
Gerry sstircs ~ the peace TO have
criminal Jurisdiction ~ AL cases Tor
the apprehension ~ all persons
rharrcd wi.h crime for exam nation
and 10 hold FOR trial AMI IN cases ~
fnisdetn~Rnofs ~ hear snh purieh ac-
cordfnx 10 law.
The peoples high couri ~ Justice
- have tho right 90 SUR mon grand
iurf wherevor " mas hc d~cr,cd 'N-
pcdient - convene tho same.
Wruid NaVr Two Divisions.
Tho peopies high court ~ Justice
20 30 divIdnd into two divisions. VIZ.
the peoples hizh court of justice and
the peoples high court OF appeal
.rbaf tho peoples hign court of lus.
original and appellate nov possessed
by all courts OF law. chancery. pro-
bate. divorce doncsitr relations or
rs ecelesissfical law which they
otharwtae would have At common
law crimes or other matter which
NAV be hold ~ be matter ~ judicial
inquiry ~ e6gni1ancc
Mr. Pound adds
VI. have too many systems OF
court procedure. too many court rules
-.
This aygtem am advocating has
been adopted and been In use since
1870 hf every part OF the English
Fpeaking race but tn" inhabitants ~
che United states. where we stu
hang on - the moribund systems 81
supreme courts. whore decisions are
appealed TO courts Of appeals,
archaic indeed as much az circuit
-idine where there arc no circuits as
~ Michigan. 10 makes for simplicity
WHY cannot Michigan bcneht by ~
sure 10 Ne Wrong.
Tho Hru legal lesson 7 ever learn
cd ia pleading was that ne who found
fault with your writ must give you
q better one. This has heen the law
for 400 years. But as sSenplined In
Michigan not only does the opposite
party not give YOU n better writ but
neither does tho court The only
thing you arc reasonably sure 81 In
picking ont one action out or 10 u
that with some Judges you are sure
to be wrong whichever action you
select
Again this viii do away with pro-
bate courts which are almost wholly
ministerial and clerical They have
becn administered In this state dur
ing my connection at the bar nv mon
unlcarned in the law. By doctors,
nrtrters. farmers. merchants and
various other tradesmen The iitl-
gated questions In a probate court
are few and far between and nine
times in 10 should be passed upon
by fury rather thnn by the court
Tho Jury trial has been taken away
nv iuridical construction and estates
are proved upon by parasites
lot us throw away the clamps %
Mdirial supcrstitious reverence horn
~ the dark ayes. being assured that
an incompetent pcttifogging lawyer.
| n elected 90 tho bench. becomes no
better man by the TRANSLATION. Let
| ua ~ away with the English super
snfon that The king can do no
| wrong
CHICAGO Women are free from
The groescr vices such as smoking.
chewing and drinking. but are adj.
diCied 10 social Xites. gossip. friv-
81 a