THROUGH SIMPLIFIED

LEGAL PROCEDURE

The Annals

VOLUME LXXIII

SEPTEMBER, 1917

Editors in Charge of this Volume:

CARL KELSEY, Ph. D.
Professor of Sociology, Wharton School of Finance and Commerce

University of Pennsylvania

and
HENRY W. JESSUP, J. D.
Chairman, Committee of Nine, Phi Delta Phi Club

New York City

THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE

36TH AND WOODLAND AVENUE

PHILADELPHIA

Copyright, 1917, by
AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE

All rights reserved

349034

EUROPEAN AGENTS

ENGLAND: P.S. King & Son, Ltd., 2 Great Smith Street, Westminster, London, S.W.
FRANCE: L. Larose, Rue Soufflot, 22, Paris.
GERMANY: Mayer & Müller, 2 Prinz Louis Ferdinandstrasse, Berlin, N.W.
ITALY: Giornale Degli Economisti, via Monte Savello, Palazzo Orsini, Rome.
SPAIN: E. Dossat, 9 Plaza de Santa Ana, Madrid.

CONTENTS

Page

vii

1

FOREWORD...

Clyde L. King, Editor.

THE SIMPLIFICATION OF THE MACHINERY OF JUSTICE WITH

A VIEW TO ITS GREATER EFFICIENCY.......

Report to the Phi Delta Phi Club of New York City by its Committee

of Nine. Henry W. Jessup, J.D., Chairman.

PART ONE-A JUDICIARY ARTICLE FOR THE STATE CONSTITUTION

THE NEED FOR IDEALISM. SOME FUNDAMENTALS. THE NEED FOR EFFi-

CIENCY. SOME OBSTACLES TO BE MET. RESPONSIBILITY OF MEMBERS OF

THE BAR. RECOMMENDATIONS OF THE AMERICAN JUDICATURE SOCIETY.

GENERAL PRINCIPLES OF REFORM. THE SIGNIFICANCE OF PUBLIC OPINION.

CONSTITUTIONAL CHANGES.

PART Two-SUGGESTIONS FOR A SHORT PRACTICE ACT

PART THREE-RULES OF COURT

PART FOUR-CONCLUSION

Exhibit A

CIVIL PRACTICE Act.

Exhibit B

A BIBLIOGRAPHY OF PROCEDURAL REFORM, INCLUDING ORGANIZATION OF

COURTS.

SOME OBSERVATIONS UPON THE REPORT OF THE COMMITTEE

OF THE PHI DELTA PHI WITH SPECIAL REFERENCE TO THE

TYPICAL JUDICIARY ARTICLE FOR A CONSTITUTION...... 104

Charles A. Boston, Chairman of the Committee of Professional Ethics

of the New York County Lawyers' Association, New York City.

WHAT IS WRONG WITH LAW AND LAWYERS? ANACHRONISMS IN LAW. PRO-

CEDURAL REFORM. CONCILIATION. DEFECTIVE LAWS OF EVIDENCE AND THE

CIVIL JURY. THE PROPOSED JUDICIARY ARTICLE. THE ABOLITION OF Exist-

ING COURTS. APPEALS. JUDICIAL DEPARTMENTS. THE APPOINTING

POWER. MASTERS. JUDICIAL ADMINISTRATION. JUDICIAL STATISTICS.

CNCONTESTED PROBATE MATTERS.

132

THE LAYMAN'S DEMAND FOR IMPROVED JUDICIAL MA-

CHINERY...

William L. Ransom, Former Justice of the City Court of the City of

New York; Chief Counsel of the New York State Public Service

Commission for the First District.

THE DEMAND FOR IMPROVED JUDICIAL MACHINERY. SHALL PROCEDURE

KEEP PACE WITH DOCTRINE? HAPHAZARD TECHNICALITIES WHICH MAKE

JUDICIAL ADMINISTRATION ABSURD. How RELIEF CAN BE SECURED.