The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-08-12
l. former governor of Alabama.


alter and amend the rules regulating
practice, pleading and procedure in said
court. Under this plan there would he
one chief clerk for all the courts in the
state, located at the capitol, to be APP
pointed by majority of the judicial coun-
Gil and to hold office at their pleasure.
All the clerks now in office would be con-
tinued until the expira ton of their term.
Upon the expiration of the term of office
of the clerks of the courts in Alabama,
the office as 1t now exists would be
abolished and the following substitutes
provided: There would be the office of
clerk of the general court of judicature
with branch offices throughout the state.
to be established at such places as the
judicial council might determine. Deputy
clerks would be appointed in each county
and increased according to a population
basis The office of register and master
in chancery would be abolished upon the
expiration of terms of those holding Of
flee Masters would be eligible to sit in
any court to discharge any judicial
function which the judicial council might
authorize, and until such action. the du-
ties of the master would be those now
required by law. Another novel provi-
sion is that the masters would be sub
jet to assignment to any other division Of
the circuit or superior courts by the chief
justice at his discretion.
COOPERATION AND CONFERENCE
AS stated by the American Judicature
society, the purposes of their plan Is to
secure administrative authority, cooper
alton and conference of effort They state
, that the spirit of cooperation, and the
esprit de corps of the entire judiciary
is fostered by an annual convention OF
judges, at which the judges meet as a
whole to receive the report of the chlef
justice and at which meeting they can
sit and recommend all such rules and
regulations for the proper administration
of justice in their courts a S may seem
expedient and to consider all complaints
with reference to their courts and the
officers thereof or consider such other
matters in reference to the administration
of justice as the chief justice may bring
before them.' In view of his large du-
ties, powers and responsibilities the chief
justice is given a salary OF $l5,OOo per
year. The fee system, wherever 1t exists,
is abolished and all the fees now paid
to registers in chancery, clerks and pro-
bate judges are collected and turned into
the state or county treasury 1t has been
estimated that the adoption of this plan
in Alabama would reduce the expenses
Of the judiciary more than one-half and
would moreover prevent any waste OF
judicial power and secure more speedy,
vigorous and efficient enforcement OF the
law.
SIMPLIFIED PROCEDURE
One of the most important reforms
which all these plans contemplate Is the
simplification of pleading, practice and
procedure The ability of our courts to
dispense justice, speedily and economl-
cally, has been largely lessened by leg
islative action. Questions of procedure,
involving no substantial rights, are Pc
culiarly within the expert knowledge OF
the Judges and belong to judicial rather
than to the legislative branch of the gov
eminent There are many eminent au-
thorities that contend that the regulation
of practice and procedure in the courts
by legislative enactment is an invasion
by the legislature of the inherent rights
of the court and violates the constitu-
tional doctrine of the separation OF
powers.
Rules of procedure exist only to save
time to advance the business of the
court, to secure to each party fair OPP
portunity to meet the case against him
and to present his own case, and should
not be allowed to be used as method
to obstruct business, waste time or de-
feat the ends of justice. In matters OF
practice, pleading and procedure there
fore it is evident that the rule making
power of the courts should not be ham
pered or fettered by legislative restric-
tions or inhibitions They should be set
tied by rules of courts, which might be
changed as actual experience OF their
operation and application might dictate.
Questions of practice and procedure con-
sumo a large amount of the time of our
nisi prius courts, delay the administra-
ton of the law, and the decision of the
many perplexing questions they create
entails unnecessary labor upon our ap-
pellate courts. The delay and expense
which now attends the trial Of impor-
tant cases will continue as long as pres
Int oy,1 or1fif q al
methods of practice, pleading and proce-
dure remain.
1t has been estimated that at least
one third of the work of our appellate
courts consists in passing on the plead
ings in personal injury cases. Vested
with proper power, the supreme court
could easily prepare simple and short
forms of pleading in personal injury
cases, forms of complaint for every kind
of action, and thus tighten the labors
of the bar, of our nisi prius and appel
late courts. During the last session of
the legislature l prepared and submitted
for tkeir consideration simple practice
act similar to the one Endorsed by the
American Bar association, by which the
supreme court was given the power to
adopt rules of practice, procedure and
pleading, and providing that such rules
should supersede any statutory or COM
mon law regulation heretofore existing.
COMMON LAW POWER
The common law power of the
judges should be restored. The rea-
son why trials consume so much more
time in this country than in England
is largely due to the fact that we have
Withdrawn from the courts their COM
mon law powers to exercise prompt
control over the trial Of the cause.
Clothed with the power vested In
judges by the common law, Judge
upon our bench could restrict counsel
to the argument of relevant and ma