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1 Struggle for Simplification of Legal Procedure: The Goal and Its Attainment 1913

handle is hein.beal/ssplpga0001 and id is 1 raw text is: AMERICAN BAR ASSOCIATION,
ADVANCE INFORMATION FOR NEWSPAPER USE
ONLY. TO BE RELEASED AFTERNOON
PAPERS SEPTEMBER 3, 1913.
THE STRUGGLE FOR SIMPLIFICATION OF LEGAL
PROCEDURE.
THE GOAL AND ITS ATTAINMENT.
BY
WILLIAM A. BLOUNT,
OF FLORIDA
(To be presented at the meeting of the American Bar Association, at
Montreal, Canada, September 1-3, 1913.)
What the goal in the struggle for simplification of procedure
should be, whether it has been attained, and, if not, what further
should be done, are questions, the solution of which depends
upon the view-point of the questioner. In law, as in politics,
social and economic, there are reactionaries, stand-patters and
progressives, and in law, as in politics, the characteristics are the
same. The reactionary harks back to the past, and finds good
only in that which is as it was; to the stand-patter, whatever is
is right; to the progressive whatever is is wrong. In view of the
first, we have gone too far already; of the second, we have gone
just far enough, and should go no further; and of the third,
we should obliterate all paths of the past, destroy the founda-
tions, of the present, and, unaided by the things accomplished by
our fathers and our contemporaries, build structures, not only
of untried material, but by untried plans. Sad would be our
plight, if our destinies were in the hands of either of these, but
fortunately, there is a further class, thus far undesignated by
any popular epithet, which is not influenced solely by either the
charm of the past, or the apparent stability and wisdom of the
present, or the gleam of the untried and unmeasured future-
the progressive conservatives. They cry not out from the housetops,
nor proclaim their virtues and their strength, but they constitute
a living, though quiet, force, that garners from the past and the
present the best of grain, and makes of it grist for the better-
ment of the future. These men, when lawyers, recognize the
truth of the eulogium by Blackstone:

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