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THE GREEN BAG

the energies of government ought not to be justice is newspaper discussion of pending dissipated in internal conflict when there is litigation. It is not easy, if indeed it is more than enough to be done in the protec possible, for the public to discriminate tion of society. Surely it is folly to pay one between executive administration, which is set of magistrates to do what another is a legitimate subject of press influence, and paid to undo. Moreover, the long struggle judicial administration, which is not, when through the courts to make even a beginning courts and executives are so largely doing of enforcing any administrative measure the same work. Newspaper interference, which a resourceful litigant objects to, inevitable and by no means unreasonable in creates a widespread impression that law is matters where the courts are performing something to be evaded, if one has the money administrative duties, soon spreads from the and the persistence and knows the ropes. administrative functions of the courts to the The citizen, the juror, the malefactor is each purely judicial functions, to the injury of led to think of the law as an obstacle to the latter. Moreover, attempt to commit surmount, not as a bound to keep within. administrative functions to the courts is Law is ill-adapted to do administrative producing its legitimate fruit when the work, but we throw a large burden of the manner in which federal courts shall exercise purely administrative upon the courts. one of the oldest powers of a court of chan Continental experience has shown that the cery becomes a matter for political party evils attendant upon promotion and stock platforms. Such are the penalties we pay manipulation may be met beforehand by for individual liberty and local self-govern preventive administrative measures. Our ment. Undoubtedly they are worth a great experience has shown that actions for deceit price. But may we not mitigate the penal and suits for mismanagement effect nothing. ties? A more reasonable adjustment of the The cost, delay, and clumsiness of judicial provinces of law and administration and winding-up of banks and reorganization of of the relations of the executive and judi public service companies are a disgrace to cial departments than that which our legal any administrative agency in a business age. history has left us would work great things So one might go on indefinitely. Sociologists for respect for the law. Of the fourth and last cause, backward have asserted that the effect of law has been to substitute a re'gime of cunning for one of ness of judicial organization and procedure, force.1 The problem of law in the past was there is no time for adequate discussion. to repress force. The problem today is to Suffice it to say that even' thoughtful lawyer repress cunning. The rules and doctrines who looks about him and sees how far we and machinery devised by our criminal law are lagging behind the remainder of the to deal with the one are ridiculously ineffect English-speaking world in these matters ive when appealed to to put down the other. must recognize that herein lies a fruitful It cannot be doubted that the whole legal source of dissatisfaction with the adminis system suffers from the strain put upon our tration of justice and disrespect for law. courts in making them do administrative " I would," says Mr. Harris, " there were a work. What compensation does our polity short prayer in the Litany for common sense afford for the injury to all law and order to direct our Legal Procedure."1 Certainly wrought by the striking spectacle of the it is time that the bar take this blemish upon impotence of the law which the Sunday- our legal system into serious consideration closing verdicts recently afforded in this city? before the layman starts the legislative Yet administrative authorities could settle steam-roller upon its destructive course and the whole matter offhand. One of the levels the good with the bad. crying evils of American administration of 1 Before and at Trial (American ed.), SI1 Ward, Dynamic Sociology, 1,511. CHICAGO, ILL., June, 1908.