The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1921-09-03
ENGLISHMAN KEEPS
OUT OF LITIGATION
Former Ambassador John w. Davis
Contrasts Customs in Great
Britain and America

britain ana America
Cincinnati. Sept 1.-The average
Englishman. with all Of his proverbial
ms stance upon his personal rights,
calls less often upon his courts for
relief than does his American cousin,
dec AIRED John ". Davis, former am
bassador to England to England, in
an address here last night before the
American Bar Association in which
he gave some random observations
on the organization of the legal pro-
fession in England and the admins
tration of English Justice
who shall come forward with an
explanation OF this fact. II fact 1t be?'
asked Mr.. Davis. rs It a survival OF
days long gone when justice was not
only costly but tardy and uncertain;
is il because there exists in England a
class Of lawyers whose business lies
Who'll outside the courts and in
whose hands many controversies are
settled without judicial aid; or is there
reason deeper still in the age-long
habit OF this island people to respect
the law they have made and live
their daily lives within It's well-marked
circle?
Startling as IL may seem. the liti-
CATION Of England and Wales is re-
latively little more than the ltiga
ton in our Federal Courts alone; and
the vast tide of controversy that flows
through our state tribunals may be
cred ted to us as surplus belligerency."
The speaker, after discussing the
ranks and orders into which the legal
profession in England is divided. de.
clared that in comparison with the
close knit organizations sheltered by
the Inns OF Court and Law Society. we
in America seem so many scattered
grains OF sand" II is difficn to make
one familiar only with the English
atmosphere, he continued, under
this Association. there is no such body
stand that, in truth Notwithstanding
as the American Bar. There are, in
stead. scattered groups consisting OF
county, city and state bars, with a
Federal bar here and there composed
In part OF the same members but unit
ed by no tie OF common origin or dis.
cipline."
A marked spirit OF progress, ,espeei-s
ally in the domain of criminal lawy
and procedures Mr.. Davis, has beenn
shown in recent years by the legal
profession OF England, In addition to-
sweeping changes in the Judcaturea
Acts OF 1872. 1874 and 1875 he deg
clared, Justice has been brought
nearer to the masses by the enlarge.
ment Of the common law jurisdiction
Of the county courts"
When all comparisons have been
made. and all differences recountod.'
Mr.. Davis said in conclusion, "the fact
remains that the members of the legal
profession in England are in very
truth our brethren over the seas. The
common law by which we live has its
roots in English soil. The judges
who interpret IL on both sides Of the
water look to their distant colleagues
for counsel and assistance. and the
principles OF liberty which II embodies q
are the rod and staff by which our q
people walk
TRAINED in the same school, pro-
Tess ne the same great ideals, sharers
OF like immunities and privileges
there rests upon the legal professions
in England and America duty which 4
/ is Joint and not several, common and
not divisable. The nations whom they
serve stand today supreme N present.
strength and in potentia energy. up
on them Destiny has laid accordingly
/ the largest responsibility for hte I'M
mediate future of the world. Shall
not the lawyers. who lead as well as
serve them, guide them in the ways OF
mutual confidence and Joint endeavor
/ in tae service OF mankind?'