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 CONDITIONS IN THE UNITED STATES

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down, a case goes over to the next term. of 268. But it should be borne in mind In some of the courts cases are arranged that while 2618 cases were begun in 1904 without reference to seniority so that one there were but 2193 instituted in 1903, or at issue but a few months may be tried an increase of 425 cases as between 1903 before others which have been on the lists and 1904. It will be apparent from the for several years. above facts that about a year would elapse In South Carolina a decision in the Su from joining issue to trial, and that is about preme Court may be expected within eight the extent of the delay. It is interesting months of trial in the nisi prins courts. to note that of the 2753 cases on the calen In the latter, however, a lack of judicial dar for January, 1905, about 75 per cent machinery and infrequent terms of court were damage cases, and of these from 70 cause a delay of eighteen months in reach per cent to 75 per cent were for personal ing trial. injuries. In Wisconsin the only congestion occurs In Kansas there is no appreciable delay in the trial courts in Milwaukee, where it outside of Leavenworth County. A few results in considerable delay. There, on a years ago the trial court there was nearly recent calendar of 1085 cases there were five years behind its docket, but consider three with issue joined in 1893, two in able improvement has been made since then, 1896, and ninety-eight in 1897. Of these, The Kansas Supreme Court has also been however, a number were awaiting the result congested, but is catching up with its work. of test cases that had been up to, and had About eight months elapse from the filing come back from, the Supreme Court three of a case to a decision. or four times. Indiana is another state whose trial Maryland, outside of Baltimore, is free courts are free from marked delay outside from congestion or delay. In the Equity of the largest city. But in Indianapolis, in courts of that city there was a slight but the court of first instance, a case may actual decrease in litigation from 1903 to wait about twelve months before trial. 1904. Of the 1655 causes, instituted in There is no delay in the Supreme Court, 1904, 221 were subsequently dismissed by but there is an Appellate Court, which is the complainants' solicitors and not over one of last resort for minor matters, and 700 involved anything other than the purely there a delay exists of from eighteen months formal action of the court. Of these 700 to two years. a large number were solely for the fixing of In Massachusetts there is considerable temporary alimony. So that while at times congestion and delay in the Superior Court. there has been an apparent congestion, it These conditions are most marked in Suf has been due largely to the fact that many folk County in which Boston is situated. causes matured for hearing at the same Suffolk has a very small area containing moment, and congestion in these courts has only the cities of Boston and Chelsea, and at such times existed, but was temporary, the towns of Winthrop and Revere. Con rather than permanent, in nature. In the tiguous to Suffolk, however, are the cities Baltimore common law courts there were of Cambridge, Somerville, Newton, and on the trial calendars at the beginning of Quincy, and the towns of Brookline, Dedthe year 1904, 2485 cases, and during 1904 ham, Hyde Park, Milton, and Belmont. there were instituted 2618 new cases. Dur The provisions of the practice act make it ing the year 2350 cases were disposed of, possible to sue in Suffolk though neither leaving upon the trial calendars at the party resides there and, where a trustee commencement of 1905 2753 cases, or a (in many states called garnishee) can be total increase, as between 1904 and 1905, found in Suffolk, it is not necessary that