The Barrister Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...they neglect their duties, fail to clear their dockets; or that, when they do act with energy, they do it in spurts, so to speak; rush back to their duties with a sudden vehemence, and find the Bar unprepared with their causes by reason of previous postponements. Many of our American Judges are open to severe criticism of the same kilirt. A' crying evil on the part of our State Appellate Courts has been the habit of taking submissions of cases and holding them under advisement for years. We could point out instances of this abuse which seem almost in-credible. This abuse became so great that the framers of the last constitution of California inserted a provision therein to the effect that the Judges should not ue allowed their pay, unless they would certify that they had no case under advisement which had been submitted to them for three months.1 In the face of this provision, the Judges of the Supreme Court of California have been in the notorious habit, in order to qualify themselves to draw their salaries, of handing down causes for re-argument, or of requiring counsel to re-submit them, thus intentionally evading the constitutional provision. Certainly, the example of Judges thus violating, for their personal ends, a i We are merely citing the substance--we constitution which they have taken an oath to support, is not edifying. In contrast with such practices is the gratifying example of the Supreme Court of the United States. That body is composed for the most part of old men. Its records are generally large, and the work which is imposed upon the Judges ift heavy. Nevertheless, if we except a few notorious cases, it is a truthful statement to say that the Court has been in the habit of disposing of cases generally within three or four weeks after argu...