New-York tribune., 1917-12-24
Short Practice Act Need.l
A Way to Eliminate TechnicsI;s..
Opposed by Lawnaker.

hDouL inc sysb'm vi guftspruoence N Al
state for many years has dealt with s..'
laws delays" Our new Legislature 1, ar.
TO convene in session, and the subj.e. 4,
pected to engage its immediate st,.,,.-
Unless it is guided in the righ. dlres,,o, !,
is about 70 bluudcr % the detriment 0, a.
state.
Since 1900 commissions, committees -,
boards have constantly endeayored % S.v;..
some method Of procedure in the eour, =,
this state which would obyia,, 10 a sub,,,,
tial degree the great waste Of time in re,.,
ing case for trial ana the st.ll sr,,,,.
waste Of time and expense consumed in a,
peals 20 the higher courts on technl,,,
grounds, which could serve 10 Other pgroo..
but delay. This great waste has resulted /,
many grave injustices, viz: ID the impov,,.
ishing Of litgant during the long delav !,
tho trial OF a just claim; (2) the incress. !,
expense with each dlatory step in the eas.
90 the tiring OF successful li;igant. th.,..
By accomplishing his practical defeat: ,rS
(D the forced settlement of good. jus. elsip,
for ridiculously inadequate amounts b. n.
duress incident 20 the knowledge that a.
other fellow has the power ard moaey !,
prolong the fight forever.
Reforms Required
The more recent reports ard recommend,.
tions of the state boards ard state. CITY Az
county bar associations unanimously ind.
cate a desire on the part OF the legal prof,,.
sion generally to change the system Of pr..
tice and procedure in this state 50 ss to gv.
more elasticity 20 the process itself and -.
contract the avenues OF escape Of tine ind.
dent 20 and inseparable from the preser,
Code OF Civil Procedure and is THOUSAND,
Of sections.
These boards and the committees In charm
OF the subject in the bar associations eonss.
Of lawyers of eminence and experiences, WI,
have the confidence and support Of the men
bers of the bar, and who, for their nary
civic and beneficial acts, also have the conf.
dence Of the plain citizens OF this s,a,s
They have labored for years on reports, ss
tistics and comparisons, English, COntins,nI
and state, and have unanimously svss.i
short practice acts as their corrective i.r
the evil justly complained O..
All Of them agree that a short pre;ie.
act will tend, TO an almost unbelieySbls ti.
tent, in eliminating the enormous wtsts Of
time and expense, and will substantially re-
move or destroy the efficacy Of "the nirfr
in the woodpile" OF the law, viz: the teehri.
cal objections which do not 90 70 real merit,
Of the litigation, but which are the real
bases for the delays and consequent evils sad
just criticisms.
At the last session Of the state Legislature
a legislative committee was appointed TO con
slider means for the revision Of the prsetis
and procedure OF this state. Il has been IN
session a few months and only some Of the
committee have made more than a perfume
tory study Of the problem. Nevertheless, in
formation has been freely disseminated re.
Gently by the members OF this Legislative
committee that under no Circumstances
would they favor short practice act
This IS their attitude iG the face OF ths
recommendations OF all the responsible bodia
and eminent practitioners who have invest
gated and labored upon the subject fa'
wears. and whose opinions IN this matter, n
well as in matters Of civic importance gensf.
ally, are regarded with the greatest intersf
and faith by the profession and the bulk q
the citizenry OF this state.
This legislative committee has seen ht to
arbitrarily disregard the recommendations Of
the lEuokNNt Alltn anu NNpNiAfts~NAs 80 t.eH
TO report 10 the next Legislature in favor o.
emasculating the code, without actually re-
moving the root Of the evil-the Thousands
of sections which are the foundation for 81
technical procedure and objections and nc
resultant delays.
Causes of Political Opposition
The chief reason for this conclusion Of TIE
L. 10 Dt
according to reliable information, that ne
old hard shell lawyer is afraid TO try some
thing new. because he has never done II oe'
fore. (He is oblivious of the success o'he'
countries and states have had with shoF
practice acts.) Another reason seriously
urged to justify the position Of this commit
tee is that some judges prefer not 10 have
the discretionary powers which would %
vested in them under short practice act 70
aid them in dispensing justice without qualn
or quibble, because it might result IN 81
abuse Of political "prerogatives."
If these excuses did not present for ths
calm deliberation OF the citizens OF this sns
serious doubts Of the fitness Of certain ieg''
lators and judges, they could well be re-
garded as absurd.
The time has come for the public to swas,
to the realization that there is splenaa
opportunity at the next session OF the Lsp''
lature to accomplish some progress-lil |"
eliminating this unnecessary delay ana ei,
pense now entailed in the institution ana
conclusion of just action; (2) in removins
the old barnacles which have clung TO sna
pestered the laity, as well as the progrsssr'
members of the bar throughout the ss.,
go in preventing a serious blunder OF !"
Legislature, and (4) in boosting the g'0''
ing movement to place TT, fearless and coz
scientious men on the bench.
An invaluable service to this greatest cen,
munity in the nation will be Accomplished i
the public (by letters TO their respeea"
and Senator'S and 70 the uc''
ernor Of this state) and the press (oy ~'
strong light of publicity make themsei's
heard and known for the abolition OF the Wv
code, with its several thousands OF EXCUSE
for delays, and for the adoption OF sao,.
practice act which will put every case 'Sp
on the court calendar
ALEXANDER A. MAYPER
New York, Dec. 20, 1917.