The Colville examiner. [volume] (Colville, Wash.) 1907-1948, 1922-09-09
SUGGEST Chances
in Court Procedure
Superior Court Judges Hear
Excellent Paper AdvO-
eating Law Changes


Editor of The Colville Examiner:
On the 1st of July the superior court
judges of the state held convention
at Tacoma for the purpose of revising
and improving our court rules of
practice and procedure and in recon-
mending to the Legislature the passage
of such laws as would shorten and
expedite the trial of cases The con-
vention adopted a code of court rules
which, if Legislation is passed to en-
force them, will shorten by nearly
one-half the present time consumed
in the settlement of pleadings. A
number of papers were read by old
and experienced judges on improve
ments that might be made in our
court rules. The convention recon-
mended to the governor the enactment
into a law of this state of many of the
suggestions contained in these papers
with reference to court and jury trials.
One Of these papers was read by the
Hon. j. T. Ronald of Seattle. The
content of this paper was given Sc
ious thought by the convention and
met the approval of nearly every
rious thought by the convention and
1t should be given serious thought AID
consideration by every reader of your
paper. 1t will greatly please mem
bers of the bench and bar to have :his
paper published in your newspaper.
Very respectfully yours. d. II. Carey.
(By J. I. Ronald
1t is not my purpose to write an
article, but merely to place briefly
before the judges three or four sug-
gestions covering my ideas OF
changes necessary for the better
promotion of justice in this state.
Every judge in the state must
rankle at the delay and, at times,
the gross miscarriage of justice which
can be, and often is, worked because
of the laws as now enacted.
| think no more than one motion
on all grounds should be allowed to
the same pleading and, automatically,
a fee of at least five dollars should
be taxed where the motion is not
well taken-the fee to go to the Ii
brary fund in counties having a Ii
brary; in other counties to the coun-
ty treasury. Motions for new trial
and for judgment n. o. V. should be
heard within two weeks or deemed
denied, unless postponed for inability
of the court to hear the same.
| think every judge and every
lawyer of experience in this state
must be struck with the glaring de-
fects in our jury system. 1t is not
a pleasant thing to say (but, never
theless, | shall take the risk and say)
that the jury is very often an in
strument of great injustice. Ours is
a government Of law, not of men.
Too often verdicts reverse this prin-
ciple. This is not because Of honesty
or right intentions, but because of
lack of experience of the jurors in
weighing testimony-through their
inability to discern. Jurors generally
are honest, and, feeling their respon-
sibility, are most conscientious, but
are deprived of the aid which the
ripe experience and the mature judg-
ment of the judge could afford them.
The system of drawing jurors is
bad. Selection by jury commission
ers, as formerly, resulted in better
juries-especially in the larger cities
than the present system. Again,
Jurors should serve two months-one
half going out each month, so meee
would always be at least han Of the
jurors with experience.
The results, especially in criminal
cases, are appalling-too often sub
stituting, to quote the language of
a great newspaper, "private for pub
lie justice, the vague or violent
prompting of momentary sentiment
for the reasoned considerations which
in the long run protect both indi-
vidual and society from the male
factor. Our legal system is ex-
tremely considerate of the rights of
the individual and has multiplied
safeguards for his benefit to such an
extent that the commission of crime
has become a hazard which almost
any one disposed to crime can afford
to accept. The evasion of law is
most successful science in our coun-
try, and the effect is everywhere ap-
(Continued on page two)