State of the Union AddressesTaft, William H. (William Howard)
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State of the Union Addresses
Taft, William H. (William Howard)
Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The deplorable delays in the administration of civil and criminal law have
received the attention of committees of the American Bar Association and of
many State Bar Associations, as well as the considered thought of judges
and jurists. In my judgment, a change in judicial procedure, with a view to
reducing its expense to private litigants in civil cases and facilitating
the dispatch of business and final decision in both civil and criminal
cases, constitutes the greatest need in our American institutions. I do not
doubt for one moment that much of the lawless violence and cruelty
exhibited in lynchings is directly due to the uncertainties and injustice
growing out of the delays in trials, judgments, and the executions thereof
by our courts. Of course these remarks apply quite as well to the
administration of justice in State courts as to that in Federal courts, and
without making invidious distinction it is perhaps not too much to say
that, speaking generally, the defects are less in the Federal courts than
in the State courts. But they are very great in the Federal courts. The
expedition with which business is disposed of both on the civil and the
criminal side of English courts under modern rules of procedure makes the
delays in our courts seem archaic and barbarous. The procedure in the
Federal courts should furnish an example for the State courts. I presume it
is impossible, without an amendment to the Constitution, to unite under one
form of action the proceedings at common law and proceedings in equity in
the Federal courts, but it is certainly not impossible by a statute to
simplify and make short and direct the procedure both at law and in equity
in those courts. It is not impossible to cut down still more than it is cut
down, the jurisdiction of the Supreme Court so as to confine it almost
wholly to statutory and constitutional questions. Under the present
statutes the equity and admiralty procedure in the Federal courts is under
the control of the Supreme Court, but in the pressure of business to which
that court is subjected, it is impossible to hope that a radical and proper
reform of the Federal equity procedure can be brought about. I therefore
recommend legislation providing for the appointment by the President of a
commission with authority to examine the law and equity procedure of the
Federal courts of first instance, the law of appeals from those courts to
the courts of appeals and to the Supreme Court, and the costs imposed in
such procedure upon the private litigants and upon the public treasury and
make recommendation with a view to simplifying and expediting the procedure
as far as possible and making it as inexpensive as may be to the litigant
of little means.
INJUNCTIONS WITHOUT NOTICE.
Public-domain text, read in full here on John Shaqi.
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