76o THE POPULAR SCIENCE MONTHLY. 



ister justice without much regard to mere technicalities or legal hair- 

 splitting, and which kept in view, first and foremost, that the courts 

 were for the benefit of the x>^ople at large, and not to furnish a living 

 for lawyers, the gain to justice would be something akin to what mod- 

 ern inventions have given lis in contrast with the methods of former 

 generations. From the graduates of these schools our judges should 

 be appointed to serve during good behavior, with promotions regulated 

 according to ability in the discharge of duty, and seniority of service 

 where otherwise there was equality, such considerations to rule as 

 would secure the best service. The details for such a school, and for 

 selections from its alumni, could be readily worked out, but are un- 

 necessary here. The gradations of courts, after the system was once 

 inaugurated, would give the new graduates the necessary experience 

 from the lower courts up, and would bring into the service a class of 

 judges who, owing nothing to the lawyers, would not be influenced by 

 them in any schemes for delaying or defeating justice, or in allowing 

 them enormous fees because great suras were at stake. These judges 

 should take the place of lawyers to a certain extent in examining wit- 

 nesses, so as to draw out the w^hole truth and only the truth, instead 

 of only such parts of it as suit the ex-parte counselors. As long as 

 the lawyer was an aid to the court he might be tolerated and encour- 

 aged, but when he proved an obstruction the mandate of the court 

 should remind him of his true work and keep him in line with it. Such 

 a system would greatly discourage the unscrupulous and "bumptious" 

 lawyer, of course, because it would dwarf his importance ; but if justice 

 can be so administered as to do without him, and to turn his talents 

 into more useful channels — for instance, the mechanic arts, agriculture, 

 auctioneering, mining, cattle-driving, etc. — who will complain ? Every 

 new invention cripples or overturns some vested interest to promote 

 something better ; and if, after centuries of long-suifering and forbear- 

 ance, the grip of the lawyer class can be shaken off and justice admin- 

 istered with speed, regularity, and exactness, and at a great reduction 

 in cost, it would be a consummation worth other centuries of effort, 

 and be the best token of an advancing civilization. 



Another much-needed reform is to sweep away the useless verbiage 

 that now so greatly encumbers law papers and makes them legal ter- 

 rors. The reader will best appreciate this suggestion by trying to 

 " digest " the clause of a warranty deed following the names of the 

 parties, and which assumes to state the purpose of the document, 

 thus : 



" toitncsscti), That the said party of the first part, for and in con- 

 sideration of the sum of dollars, lawful money of the United States 



of America, to us in hand well and truly paid by the said party of the 

 second part, at or before the ensealing and delivery of these presents, 

 the receipt of which is hereby acknowledged, and the said party there- 

 with fully satisfied, contented, and paid, have given, granted, bargained, 



