Mexico weekly ledger., 1918-01-10

that is also fair to the state.
In explanation Of why a reformation
has been so long delayed, Judge Har-
ris says:
at is always easier to define a
problem than it is to suggest a solu-
ton. and, again, while the public mag
agree in general terms yet when Il is
attempted to embOdy these principles
into concrete laws It is very difficult
to so frame them that they will not
meet opposition from som source T
faction. Another deterrent has been,
and is, the lack Of political value in
such legislation. Our legislators are
prone to give time and attention to
matters which attract public atten-
ton, either TO themselves or to their
measures, and are not inclined to give
a proper or necessary amount OF time
to the construction and enactment OF
laws dealing with the minutiae of
criminal or civil procedure. This is
not intended as a reflection upon our
Missouri lawmakers, for the same
condition exists in every state and IN
the Congress of the United States;
and the foregoing observation is but
a statement Of fact well known to all
and freely acknowledged by legisla-
tors themselves.
another reason has been, until the
last few years, the apathy and lack
of interest on the part Of the general
public. The average citizen, as coz
Germs court procedure and his per-
sonal experiences Herewith, has
been generally like the boy who
stumps his toe while running - he
pauses for a moment to nurse the
toe, perhaps curses the stone a little,
and then passes on, but leaves the
stone still lying in the road. lntelli-
gent laymen, however, are fast be-
coming aroused to the fact that a SIM
plified and common-sense system OF
court procedure is not merely a mat
ter of professional interest, but is an
economic and social problem of the
gravest and most general importance
"Then again, courts and lawyers
are proverbially conservative. They
are slow to adopt innovations Of any
kind and are much inclined to con.
tinue to do things in the same old way
some freely avowing that if any ma
terial changes are made in our sys'
tenn of procedure they would be pui
to the necessity Of learning every
thing over again That is, whilst The
/, proposed changes might be good fol-
the people, yet they might be TEN.
/ porarily inconvenient for the law.
yers.
"There has been opposition from
| other sources, more or less active anr
, potent, but the strongest and most eff
fectual resistance to any and all ref
ormation has come from that class O.
lawyers representing special bushes.
E interests and, as concerns the Grim.
, inal code, from lawyers making a spe
r cialty of the criminal practice. Thi
opposition is wholly selfish and III.
worthy of our most honorable profes
sion, but be it added, in simple jus
tice, there are numerous and honor
r able exceptions to the classes men
toned. The editor Of a leading ST
Louis newspaper put it bluntly bu
not unfairly when he said, 'Anothe
reason why legal methods have no
p been broughtup to date is that a small
but extremely active section of tn
r bar has opposed improvement. Their
are men who make money out Of tn
laws delays. Some of them are help
e ing large corporations to break tn
, law; others are helping criminals t
\ escape the pe%nitentiary.'
Sporadic attempts have been mad
: in years past, by the Missouri Ba
d Association, Judicial Conferences, in
s dividual lawyers and members of tn.
General Assembly, to remedy condi
tons, but not until recent years ha
: there seemed to be such concert o
p action on the part Of our citizens gen
s orally as gives promise of relief
This relief could in some instances b
e given by our appellate courts If on
judges but had the backbone and mi
I tiative to break away from prece
dents which, on account of changes
d social and economic conditions, shout
c no longer control them. That on
courts are beginning to throw of
4 the shackles hat have heretofor
r bound them is evidenced by such de
c cisions as that in the case of Stat
d VS.. O'Kelley and Fitch, and other
G that might be mentioned. There ar,
r other conditions, however, which TN
r courts cannot change, but from which
d the legislature, by statutory en-
s actment, a and should give relief
There are still other conditions whicI
c cannot be changed or remedied saw,
by constitutional amendment"
c Judge Harris does not agree witt
y some law-writers and theorists VIII.
present as a sure palliative for all tn.
i ills complained Of a proposition Il
S clothe the Supreme Court with powe.
= to make rules governing all matter
e of practice and procedure in the tria
and appellate courts, which shal
take the place of all present statu
i N-- -