Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-07-06
|LITICANTS OUGHT
TO KNOW RIGHTS
Says Judge Gordon, Of Lauis-
vile, Speaking Before State
Bar Association
(By Associated PRESS

Ashland, Ky, July o-Partles
to law suits often would be saved
loss if they had means of know
ing with a reasonable certainty
their rights, Judge Thomas r.
Gordon, of Louisville, declared
here today in discussing "Declar-
atory Judgments, . at the annual
meeting of the Kentucky State
Bar Association. Judge Gordon
reviewed the spread OF laws, in the
United States allowing persons
i'll controversy to obtain defina
ton Of their rights in certain cir
cumstances thus avoiding legal
combat or loss to either party.
The first act of the kind. ac1
cording to Judge Gordon, was
passed in England and laws pass
ed in a number of the United
States have been patterned after
it notably in Michigan. Wiscon-
sin. Florida and Kansas The
Michigan act has been declared
unconstitutional.
with vigorous hand of a plan to
enable persons who have an &C
tual controversy as to their
rights in certain circumstance
20 have an authoritative and bind
ing declaration of their rights by
the court before there is all ac-
tual breach by one and an actual
loss by another. thereby avoiding
tie legal combat or loss by either
patry, said Judge Gordon. The
purpose is laudable-the bar has
nfanifestly not only an interest.
but an unselfish interest, in de-
vising and indorsing the plan 1t
is new subject in procedural
law.
1T is a reform and therefore
may be met with hesitancy and
conservatism that may or may
not ultimately prevent the ac
conplishment of the object. |
feel sure that the Kentucky bar
will hear a discussion of the ques-
ton with Willingness to accept
it is on investigation it is foun.l
valuable. Nothing but good can
come of the discussion The
law is a growth; it must and will
adapt itself to the growing needs
and demands of society. IT de
wolves upon the bar to lend full
assistance in directing this adj
justment.
THE original power Of jutlica-
ture by fhe fundamental primer
pies of society at large and the
life of the law has not been logic.
it has been experienced.
Most men are honest. Law
suits for the most part arise from
ali honest difference of opinion
rs to the rights Of the parties
often it is difference of opinion
entertained by the parties; per
ha,ps oftener difference of opin-
ion between counsel. If the par
ties could find out their rights
before acting their action will
conform most frequently to their
rights. if counsel had means OF
knowing With reasonable certain
ty the. rights of their clients.
their clients would be saved los
by acting within their rights. 1t
IS an accepted principle that the
courts aid may not be invoked
until a wrong is committed nor
Unless the Judgment is to be in
voke1 by process for immediate
relief.
The courts have refused TO al
low parties to appear in court ex-
cept under conditions which per
NIT display Of force by the judi
cial arm of the state. The wisdom
of such condition of the law is
we'll doubted and there is per
sistent effort to give relief to
relief to those who have .contro-
versies without the necessity of
legal combat Incident to the or
binary lawsuits.
'Declamatory judgments in one
form or another have been au-
thorized in the English courts in