The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Socially they meet in the same circles and on the same footing.
It is considered not improper for a judge to accept the
hospitality of a lawyer concerned in a case before him, and even
a case on trial. The American rule in this respect is much less
strict than the English.[Footnote: See "Memoir of Chief Justice
Parsons," 208-211.]
* * * * *
CHAPTER XXIV
THE LAW'S DELAYS
The right to be heard before judgment, the right to have judgment
rendered only on due process of law, and the right in most cases
to a jury trial, necessarily make the course of justice slower in
this country than it need be in one where there are no such
guaranties in favor of those against whom the aid of a court is
invoked. The plaintiff, too, has corresponding rights. It was
found not so easy by Frederick the Great to enforce his famous
decree that every lawsuit in his dominions must be finished in a
year. In a freer land no such result is possible.
The power of the judge to expedite trials is also much less in
the United States than in most countries. They must be had
mainly on oral testimony. The testimony must be so given that
thirteen different men may each understand it. What the
witnesses may be allowed to tell, and what they cannot be,
depends on the application of numerous and artificial rules of
evidence. If there is a question as to whether this rule or that
applies, the judges sometimes invite and generally allow a
discussion by counsel. Appeals are liberally conceded. If
exceptions to any ruling of the court are to be made the basis of
proceedings in error, they must be carefully noted at the time,
and afterwards made the subject of a lengthy set of papers.
Many trial judges are young men of little experience either on
the bench or at the bar. They are learning the law by
administering it. Such men cannot decide controverted points in
a moment, and shut off all unnecessary discussion in the manner
that might be expected and tolerated from judges of the first
rank. It is hardly probable that they will always come to the
right decision at last. Hence it is that so great a liberty of
appeal is granted in every American State.
Appeal means delay.[Footnote: See Chap. XIX.] A man is fortunate
whose appeal is heard within three months and decided within six.
Oftener he must expect to wait a year or two. During a long
course of years an appeal to the Supreme Court of the United
States could not be reached for argument in regular order in less
than three years after it was taken. In Nebraska, for some time
prior to 1901 the Supreme Court was so overwhelmed with business
that it could not hear a cause until five years after it was
docketed.
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