ess the defendant denies, knowing how lengthy and wearisome
is the game of reaching a case, he often succeeds for years in
preventing its collection. The game is simply to tire out the
opponents, clients, and witnesses. A clever and unscrupulous lawyer
can throw so many obstacles in the way of a plaintiff that, unless he
have a strongly developed streak of obstinacy, he will give up in
disgust or be glad to compromise.
Unless both sides are anxious to be reached it is practically certain
a case will be adjourned two or three times. A sworn affidavit is
presented with the doctor's certificate that the client or witness is
sick, or the sworn statement that a witness can not be found, or that
the lawyer is engaged in the trial of another case. The excuse may be
valid and the reasons may be sound, but the adjournment of the day for
trial occurs again and again. This is one of the causes for the
complaint as to the law's delay. Naturally calendars have to be made
and called. Cases have to be tried and others have to be reached in
order, but at least there should be sufficient and intelligent
planning of the order.
It seems rather a weak answer to say that no one can tell how much
time will be occupied in the trial of a case. If any systematic or
scientific method of regulating the calendar were devised, one of the
evils would be avoided.
The very call of the calendar in some courts occupies to an
unreasonable extent the time of the judge who might as readily be
engaged in the real work of the court. The aggregate value of the time
of the judge, the lawyers, the witnesses, and the jurymen who have all
been sitting about waiting, for the call of the calendar is, for one
hour's delay a large sum. The waste might be saved by an intelligent
bureau for the administration of court business which would have
absolute control over all calendar practice.
That the judge should delay a whole court-room full of people by being
late in opening court should not only be a matter of apology, but is
reprehensible to the extent of being multiplied by the number of
people he has kept waiting. On the other hand, the usual course of
proceeding being apparently with the object of dragging out the
business of the court, makes the tardiness of the judge seem only an
incident.
Fortunately there are few attorneys who make appearances in court
merely for the sake of adding another item on their bill to the
client, and the real delay in reach
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