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1 Struggle for Simplification of Legal Procedure: Some Causes 1913

handle is hein.beal/stslpsc0001 and id is 1 raw text is: AMERICAN BAR ASSOCIATION. ADVANCE INFORMATION FOR NEWSPAPER USE ONLY. TO BE RELEASED SEPTEMBER 3, 1913. AFTERNOON PAPERS. TilE STRUGGLE FOR SIMPLIFICATION OF LEGAL PR0CEDUR E. SOME CAUSES. BY HON. WILLIAM C. HOOK, JUDGE OF TIE UNITED STATES CIRCUIT COURT OF APPEALS, EIGHTH CIRCUIT. (To be presented at the meeting of the American Bar Association, at Montreal, Canada, September 1-3, 1913.) As a people emerge from obscurity and take their place in history we note the birth and growth of law in the family, the blood clan, the tribe, the state, the composite nation. They start with crude notions about life and physical liberty, then property, that is to say, the right to hold and enjoy the fruits of labor. With tacit observance, born largely of necessity, the notions crystallize into rules of conduct resting in tradition and custom. The simple rules which mark the departure from no- madic savagery contain the essence of the fundamentals of civil- ization. With growing desire for comfort and happiness we see the development of the social compact, personal forbearance and consideration, diversity of employment, fhc production and accumulation of wealth, the interchange of labor and the spread of learning. The rules have multiplied, lost their simplicity and become complex, -and at times are engraved or written for infor- mation, certainty and equal justice. Self-help or private force for redress of wrong has given way, and the power of administra- tion and enforcement is committed to less interested hands to secure peace and good order. The head of the family or the elders of the tribe no longer administer justice; nor, as in old Israel, do magistrates sit in the gate of the city, hear contro- vcrsies summarily and declare judgment. With advancement come courts, systems of procedure and the profession of the law. Procedure is the machinery by which substantive law is applied to the affairs of men to produce justice, which in its larger sense is the concrete aim of all governwent. Procedure is as essential

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