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THE GREEN BAG

NEW YORK I have read with interest and instruction Mr. Crane's article on Judicial Procedure in England. Observation, experience, and actual practice peculiarly qualify Mr. Crane to discuss the subject, and I know of no man more competent to do so. The subject of arrearages in our courts in many parts of the country, and especially in New York, is a live one and of very great and pressing importance. The data contained in Mr. Crane's article cannot fail to be use ful to whoever has to consider the subject. The actual adoption en bloc of the English system is not practicable, and perhaps not legally possible in this country. With us three important considerations must be borne in mind: First, certain constitutional provisions in all the states preserving the light of trial by jury. No such constitu

tional limitations, of course, exist in Eng land: Second, like constitutional provisions in all the states in this country as to the mode of selecting judges and the constitu tion of judicial courts, vesting these courts with the exercise of all judicial power. These provisions last mentioned, as well as the opinions and usage of the bar in this country, will probably prevent cloth ing any other officers than judges with the final exercise of any judicial power, in short, constituting masters, referees, or commissioners, or whatever else they may be called, judges. But within these limits the English experience shows that much may be accomplished by well-considered and judicial legislation. JOHN F. DILLOK. NEW YORK, N. Y., April, 1905.

MASSACHUSETTS I have read the article on Speedy Trials that there are very many fewer cases on in England with great interest. The writer the list for a day than are found on the makes it clear that justice in England is list in Boston. I think that the English judges deal very much more speedy than it is here, and I think if the judicial force employed in Eng much more summarily with matters that land is compared with that employed in come before them, and interfere much more Massachusetts it would be found that, con constantly with the conduct of a case than sidering the population of each, the force is the practice here. This perhaps may in England is much smaller than it is in account in some part for the speed with which the work is done, but certainly the Massachusetts. The author makes the result clear, but difference to which Mr. Crane calls atten he does not point out how the courts are tion is one which invites careful study of able to accomplish this result. I believe the English system. If we can learn any as a matter of fact, that fewer juries are thing from their experience which will help sitting in London during the winter than us to abridge the delays in our courts it are sitting in Boston, although the popu would be a most desirable result. lation served by the London courts must M. STOREY. be very much greater than that whose business is done in Boston. It is also true BOSTON, MASS., April, 1905.