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 THE APPLICABILITY OF ENGLISH METHODS

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THE APPLICABILITY OF ENGLISH METHODS TO CON DITIONS IN THE UNITED STATES With incidental discussion of local J. NEVTON FIEKO JOHN F. DILLON MOORKIELD STOREY HENRY STOCKHRIDGE HORACE G. LUNT AMOS C. MILLER HUNTER A. GIUBES J. NOBLE HAYES

conditions by FRANCIS J. SWAYZE PHILIP STEIN PLATT ROGERS WM. HEPBURN RUSSELL D. C. WESTEN HAVER SAMUEL J. ELDER PETER S. GROSSCUP

(NEW YORK) THE question, "What shall be done to relieve our courts?" is always with us. I am very forcibly reminded, in tak ing up the discussion of Mr. Crane's letter with reference to Procedure in the High Court of Justice, that at the annual meeting of the Xew York State Bar Association fifteen years ago, I presented a paper under the above title, discussing the situation as it then existed in the state of New York, and that as the result of its consideration by the Association, a bill was drafted, introduced, and passed by the legislature, providing a commission to propose amend ments to the Judiciary Article of the Con stitution. This commission, as appointed, consisted of thirty -eight of the leading law yers of the state, among others, James C Carter, Joseph H. Choate, and William B. Hornblower. Following, and to some ex tent growing out of this commission, which thoroughly investigated the conditions as to litigated business in all the courts, came the Constitutional Convention of 1894. The action of that body, adopted by the people in the same year, largely increased the number of justices of the Supreme Court, made important changes in the manner in which the Appellate Tribunal of that court is constituted, and authorized the limita tion of appeals to the Court of Appeals. Less than ten years have elapsed since this Constitution took effect, and we are again confronted with the consideration of

the same problem. The question, however, to consider in this connection, is whether the general complaint as to the law's delays has adequate reason for its existence. An examination of the facts must result in the conclusion that aside from the city of New York, and the exceptional conditions aris ing from transfers of judges to New York from the Eighth Judicial District, there is no reasonable ground for criticism on the part of lawyers or litigants. In the larger cities of New York, outside of those mentioned, consisting of a group designated as of the "second class," namely, Rochester, Syracuse, Troy, and Albany, a cause can be brought to trial, under ordi nary circumstances within six months or less, after service of pleadings. This is subject to the exception that if a cause should be at issue just before the long vaca tion, two or three months may possibly be added to this time. For the purpose of testing the constitu tionality of an amendment to the charter of the city of Albany, an action was com menced by service of summons and com plaint on May 4, answer served May 14. The cause was brought to trial May 15, and on that day findings were made by the court; judgment entered on the i6th; on the zoth cause was argued in the Appellate Division and decided on June 2d; June loth final argument was had in the Court of Appeals. This was, of course, entirely