The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-09-09
{. l.. Young Of Bismarck,
President Of Association,
Addresses the Delegates
Judge Harry Olson Talks
Dr. BrannOn on Program,
Tonight

More than 100 lawyers from all
parts OF the state were here today
ut the'Vpening of the annual conven-
tion of the State Bar association.
G. l.. Young, Bismarck. president
Of the organization. delivered the
principal address mt this mornings
session, discussing various proposals
for the advancement Of justice and
the Improvement of judicial machin-
cry.
''rhc development of material civ
ilization which daily boasts improv-
ed methods and new economies,
creates a demand for corresponding
progress in the administration Of all
departments of the government" said
Mr.. Young.
There IS no more reason for incf-
ficicncy in managing state than in
operatir" AN industry. The judicial
system is as worthy of creative en-
terprisc as are the Instruments Of
commerce.
The address consisted of a survey
OF the various proposals submitted
IN recent years for Improvement Of
the Judicial system, the speaker con
siderlng the following factors; the
substantive law, which is administer
cd: the rules Of procedure by which
the substantive law is applied; the
judiciary. the legal profession and
the public.
Law Changes Needed
A growing general realization in
the legal profession and outside it.,
that the law must be suited to new
needs Us they arise. and the iDcrcas-
ing use Of scientific methods to add
t. the efficiency Of the law through
scientific analysis Of the reasons for
its shortcomings. were particularly
stressed under the first Of these main
heads. the speaker calling attention
to the rc-statement of the basic law
by the American Law Institute, which
is under way.
Charging that the law Of proceed
ure is less adaptable to change than
the substantive law, Mr. Young at
tributed general failures in adminis-
tratiOn of justice to defective procc-
durc.
An effort has been made, according
to Mr.. Young, to remedy the condi-
tion in this country by adoption Of
codes of procedure. These have
served great purpose, but are SUBJ
ject to the objection that they are
liable to change by legislation. The
result is that detail is added and re-
sort to technicalities> encouraged.
English Procedure Cited
In England the demand for i'm
provement in procedure results in
control Of the procedure by rules
Of the court rather than by codes, an
experiment which is being tried in
Washington, Ohio and some other
states. The English system, by which
the procedure is left in the hands of
judges familiar with existing needs,
was credited by Mr.. Young with the
success of judicial administration in
that country. Among other recon-
Inendations for reform in the prac-
tice there was one that trial judges
be given greater power to comment
on the facts and the credibility Of
witnesses. Need Of higher qualifi-
cations for jury service was also
stressed, as was the steadily rising
standard of professional ethics.
Snce the courts and the legal pro-
fession have interested themselves
in methods for improving judicial ad-
MHHiStSatVH, WI. IOuHE uExSu tHut
these recommendations be given ef-
feet, just as the views Of physicians
and engineers are given effect on
professional problems involving their
respective professions.
Mr.. Young charged the public with
= direct responsibility with relation
TO crime. alleging that individualism
has run rampant and that II public
Oni,iion would concern itself more
with general observance Of the law,
lGontinued on pags ssven.)