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The officers of your Association have paid me Oie very liieh compliment of askinpf me to a.Mrcss you at this your annual meet- ing; and I can think of no suhject o' more interest tlian that in which wo are all concerned. The Administration of Justice And believe me, I am fully conscious of the great honor you have thuB conferred upon me, however unworthy may he its recipient 1 have no intention in what may be said to hold up our methods, our Courts, as an eiatnple to te followed, much less to criticise your methods, your Courts or the results you may attain My remarks will he mostly of a general character; but if there be found anywhere in them aught which will be helpful toward the ends we all havf in common, I shall be glad. It would seem tliat very shortly before historic times, man lived m anarchy, vindicating his rights and avenging his wrongs by his own strong right hand; when "wild in woods the noble savage ran," he knew no law but his own desires, no master but him who held him by force; everything was to him right iliat he liked, wrong was what he disliked. The unutterable cruelty and misery of those times may escape the poet, but never the sociologist or statesman. When man began to be gregarious and formed clan, and sepU, It was soon recognliied that no community coul'" prosper whose only rule was the ruie of might, where each was judge of *iat he was entitled to and was permitted to acquire and keep all he could. The desires of one crossing the desires of another one must give way or be made to give way— the weaker slain or disabled by the stronger, by so much weakened the community and laid it the more open to conquest and destruction by other communities— while even if matters were not pushed to that ex- tremity, the rankling sense of injustice which corroded the heart of him who had been forced to submit, was itself a deleterious element. . , Accordingly it miiBt early have hcon di'termineil that con- fliclintr intorcsts of two ihciiiIk'™ of 'lio same ootnmunity muit b* detcmiineil liy an in(!i'|)onymou( hero, in each parti'ular case, "itory cane wan treated on its own merit*," and tlie ..ceision of tiie god v;o8 sought on the particular ca«c witliout regard to general t.,]e. 'I'he litigants re■; !"■ ..n»»vr«l, -If vn„ l,.,,v« „ut the ™n«t.t»tio«,.l r«„., I ,1,„„1.1 „Kr.T, nnd i .„! | ,„i„), ,.„« miKlit incn'.i,L. the ixrcentn^-e consich.nihly." Th.. ni„.|«tv „f one not ilioronKhl.v ,|mmil,.,| «ill, ,l„. Cnn.tiluti.m, of k' VnU.i SmUs an,] of th, .St«t„ of th,. t'nion, on,, who live. ,„ countrr without ., C.n.titution (an,l lik..» it), prev,.nt,.,l nu- .en .peak- "IB to an authority on the.,., from ,p.e»tionins <"V frien,!'. ,.,ee|,- ti"n I v,.ntur,., however, here to suhioit to vo.i the <.on»i,l,.ration -i...at harm woui.l have {...en ,lone if Ilaniel W.lmter iia.l fail,.,! in the Dartmouth ('oll,.Ke ease? Your law wmil.l have km ,lif- ferent, hut wouhl it have h, vors,.? h v.ur law he!t4..r for the |».ople at larRt^-an,! it i.- the ,K.opl,. it must ulwav. have in ll« eare-lhan if i» were as in Kn^'hin.! an.l Ontario? ' Are ..yen jour rorporatums riuR the sittings of ConRn-ss an,l rx-Rislaturf an.v more eomf.)r. .„e than oure or those in Kn^laml ? .An,i after all, has th,. em.et lH.en niueh more than to ohiig,. l,.Ki»latur,.a to introdu,.,. into private charters a clause reserving the power to reimil or „ll,.r them-just as it i .i,l (hat practically the whole clfct of the Stutut,. of Uses w. o intro.lucc live wor.ls into conveyanees? ni,l the decisions, or cither of them, on the constitutionality of taxation of incomes do any good? an,l would any linrm have beK>n done if they had bc.t.n the otlier way? No constitution.! amondmem would have k*n necessary, hut what of it? Would any one liave been injured if he wore validly taxed under the constitution as it st.jod, rather than under an amendment? And do,.« It feel any more ph.asant or hurt any less l„ pay an income tax than if it had been levi,.,| under the ,locument of the Fathers? Did the "Drci Scott" division settle anything? Perhaps It hastened an inevitable conflict, but did it do more? Was the conflict not inevitable under any decision, and was it rendered less intense, costly, bloody, terrible by the decision actually given ? ■' Most hesitatingly and meekly (as bcomes an outsider* I venture to suggest to you that all the decisions of the Supreme Court are overborne in importanee by the one deeision of the Senate of tlie tlnitcd States wlien that body refused to dismiM Andrew Johnson; for in all human probability there will never be anotlier inipeaehment of a I'residcnt of the United States for the reason that lie does not agree with the majority of the people or of Congress; the President is (S firmly seated on his throne and is as truly a monarch for the term for which- he is elected as any king or emperor in Christendom. Benjamin Robbina Curtis' success before that tribunal was of vastly more significance and of vastly greater importance to the United States and iti people than would have been success in the Supreme Court when he deli .>red the superb dissenting judgment which will continue to be the greatest glory of his name so long as Courts endure and lawyers reason. Does not the decision of the New York Court of Impeach- ment that a Governor of that State, their two year King, must behave himself according to their views of honesty and propriety before as well as after his inauguration, overtop in importance the decision of the unconstitutionality of employers' liability legis- lation? Did this do more than call for an amendment, inevitable if the people wanted it? And what possible harm could have been done had the decision been the other way? It is the regular and conventional thing to speak of the great principles of the common law as something sacrosanct ; to say that the common law is the perfection of human reason. So far as these principles are identical with enlightened reason, with the teachings of the moral law, there can be no complaint. But how do they differ from Justinian's triad? Praecepta juris sunt haec. Honcste viverc, a//crwm non laedere, suum cuique tribuere. The maxims of law are those, to live honorably, to injure no one, to give every one his due. Any principles outside of these, of what avail are they? And wliat harm if the rules laid down by the Courts had been different? The laws of real estate at the com- mon law no civilized nation would now endure; in your country and in mine, the Legislature had to intervene so to change them as to make them consistent with common sense. What advantage is it that (or if) the laws of distress by landlord for rent be retninod? AVlio woidd now lay down the "Rule in Shelley's Case?" nnthin t ""! '""''•""»"'»' principles of honesty, therfC notlnng either good or bad in law but thinking „,ake; itZ- ZLcZ "•""'^"''r,"/"^ "•« -S^' "f the la." Braeton l": leton Coke, ,8 as well founded as admiration of the middle a« ehoolmen and no more so. Extraordinary ability, profound learning eonsummate subtlety, oharaeteri^e lx,th elas,esf but no one wou d be much the worse if they had deyoted their attVntion o heraldo. or the tracing of pedigrees; or if in eight o,t r en cases they found the law diau,etrieally opposite to that tKy did tTfit^d ^1 f^ f '".P'^P'" "' '° ^' determined aceording fixed rules la,d down e.ther by binding deeision or by legisla C urt" as" '■ ^"^ ''°"' """' ""'^'"'"'^ "- conseryatiyef he to elint .."""' ",":" *" ^'■''"«'= "■« '"- "« it finds it than to ehminate the word "nof from the commandmenta; the S pie are en .tied „ their law as it stands and must submit tHt whether they hke it or not. We probably all agree Lt .peakmg generally) the very first consideration underly ng Tur ounding and going beyond all others, is that justiee slfll be don according to the existing law. If the people do not like the law let them change it, the Court cannot change it for them nenf K I" • """ '"' ^™'* ''"'"''' ^ '"""^^^J ^ **» judg- ment by the opinions of litigants or of any other person whoms!- rin'„„?™rf °''' ■"*{ "'"' °"™ "'" ^ '^'^^ ">»' judgments wm not ony be unpopular, but they may eyen be rr..pug,^t to the sense justice of the community; and yet the CouTmu t give precisely these judgments. But that does not imply that the Court should so act as to g.ye rise to the impression among the people that it is wholly indifferent to a just public sentiment. Lord Mansfield could say I wish popularity," and he showed himself a good public seir- ant when he said so. if a better when he added, "but it i, that popularity which follows, not that which is run after, it is h' popularity which soonor or later never fails to do justice to tlic pursuit of nohle ends hv nohle means. • * • 'fjgo hoc animo semper fui. ut invidiam lirtutc partam, gloriam, non tn- viiliam pnlarem.' " (I have always been of this opinion— that unpopularity gained by doing one's duty is a glory not a dis- grace.) Now justice is not administered in the abstract, it is justice to the litigant in the particular case that must be sought; and the one essential of a Court is that the law is administered in the particular cases brought before it. .\ story is told of an importer who had been required to pay $800 ns duty upon goods which he had brought in. He claimed that no duty was payable, and paid under protest. He brought his action which made its way by slow degrees to the Supreme Court. In that Court all the Judges gave learned opinions, but none said whether the unfortunate merchant was to have his money returned, and the Court was shocked to hear a troubled voice, "Do I get my $800?" Sc non i vero, i ben irovato. The Court is not (at least in my country) the master of the people, but their servant, supported by them for tlieir own use and in their service; t)w judge is paid by the people to do their work, and just as soon as the Court is not worth, directly or in- directly, what it costs, it should he abolished — directly in adju- dicating upon the rights of litigants, indirectly in preventing civil wrongs, turmoil, assaults, thefts, trespasses, in the time-honored phrase "maintaining the King's peace." A Court docs not exist for itself; it is not an end in itself. .\ Court is an evil and the less it is called into play the better for the community unless the evils arising from this course will be greater than those arising from the more frequent exercise of its functions. When Congress was proposing to give American coasting vessels a privilege in the Panama Canal not granted to other ships, and Britain made a protest, basing her claims upon treaty (I am not going to discuss the rights and the wrongs of the matter, the American people are guardians of their own honor and need no advice or opinion from me or any other non-Amer- ope .„erc will be n., n«.e.ity, 1 i.ope'tha, ,he na. ^n ^^'J le the nmtter without litigatio,,, then: i« no saying what heart bnrnmg, an,l ,l,sco„tent« ,„„y arise over the deciron wo ^n' Canada still re„,e„,her the Alaska Boundary AwarT and no o^" - a r,g t to ex-peet a repetition of the e/traoTdt^r; good f" une whah followed the Fishery Award at The Hagul f^ other '" ' "■''™ ™''' P-'-V ^■l"i' 1 -bstantial victory. A s ttlemen be ueen the parties fhen.selves is infinitely to te preferred to . mv.need; he was an American and consequently thought O.at there is nothing like a court." ^ The court was made for man, not man for the court No consHlerations of dignity, tradition, espHt iu ,,.,, Zui eve induce a judge o forget that he is a servant of the peo le paid by the people to do the people's worlc-if he fail to apprt: eiate this elementary truth and to act upon it he is ant To 1^ an unfaithful servant, a dishonest recipi'ent of wag s p' i %^ work which he fails to do. Fortunately this class of judge is rare; here is no "1 Won't Work" associations for tliem ^ The Court does not exist for the e:'SWs and "coltompts of Court that .t has little time for anything else, is bettor placed e ewhere than on the bench. Ut a judge do his w rk S S;o'';:rKt::,r "^•■^' ^"" "" ^^^-"^ -^^ «— "^ ^ Tradition is sometimes of much value: but it is tradition of what ,s good ai^d useful; a traditional method of doiLg ZT 10 ness is cooTenient and not infrequently is the best srailable method ; but a tradition, if there be one, of dilatoriness or in- efficiency were better forgotten. What ia old is not necessarily good, nor what is new, necessarily wrong. I'erliaps tlie most frequent complaint made anywhere of the administration of the law, is its delay — the law's delay. One of the promises wrung seven centuries ago from a reluctant king by a resolute aristocracy, was NuUi vendcmvs, nulH negabimua aut differetnvs rectum aut jusiiciam; to none will we sell, to none will we deny or delay right or justice. He who delays justice, denies it — a truth profound though it lies on the very surface, patent and obvious, so patent and obvious indeed that it is often overlooked. A very short time ago I read an able article by an eminent judge of one of the United States, in which he said that delay if not too long is a good thing in litigation. I then absolutely repudiated that doctrine, as I do now; I assert most confi- dently that every unnecessary delay is wrong if not asked for by the parties concerned. The ideal method of determining righta would be for the parties when diflRculties arose, at once to lay the farts before a judge and have an Immediate decision. We in Ontario have that method in substance where there are no facta in dispute but the only question is the interpretation of a writ- ten document whether will or contract. This cannot always be done, there are generally in dispute facts upon which the rights depend ; and these facts must be determined in some way. The very speediest method of bringing them to a determine 'ion con- sistent with thorough investigation is the best; and a litigant has a legitimate ground of complaint if there is a day'i delay beyond the time really necessary. Delay in bringing a case to trial may be due to the people themselves; their representatives may not have constituted a Buf- fieient number of courts, elected or appointed a sufficient number of judges; or they may have clogged the courts by an intricate and dilatory practice. In that case the people cannot complain; they have the courts and the practice they deserve. If they want fomething better, let them do sgrnething better. It is idle 11 wliining about an evil ,.|,uh i. due to one.', self «n,l „n»-. ™ hTat::;" "''''-- ""^— « - "-" ^'^ have th: Sr;iir,:: rs:/rir^" r <""" are derelict in their dut'y if a 0":;:"^ ^"n„ tZ'*' iiglitly to be made. I have no hii!)! ouininn „f .1 „ « ■ j , rn'rrr';-;^ '^-^ ^^^-"^ "^'- -- » men as those of the present time, and "there is a ereat ded of human nature in man;" but any institution that Imslod thf erlon ti T "^^' '""' ^' '^' non-reverent gen- eration. Still everything must give wav to fh,. n„i,i,- j reven-nee for antiquity included. ^ " ^'""'• Speaking generally, if either litigant eannot compel the trial practice, no skinnisliing of lawyers, should prev nt the t^Ul of I case w.thin the time 1 have mentioned. It is a matter of the most profound astonishment to those States of the Union submit: our people would not stan.l it for ! year, there would be such an outcry'in the pi^s 'n"^ "J™ hat no government would refuse to bring in, no legis IZ fuse to pass, amending and corrective legislation ifow is a case to be tried? There may be constitutional provisions which must be obeyed or the legislature may prescribe. In Ontario theit a^ very few cases in wh cli a jury is of ri»hf ■ ;„ . the presiding judge is ..J J Z IX' m^aTt;"?!:: with or without a jury as scms beat. At Toronto ^n To ?i the lowest court, the Division Court, not oL p^t^t we"' tri^ 13 wilh n jiirv,' in tlu' next lii;,'liiT, llic ('diinty Court, IH';; »'cri' ti-iod with n jurv, iinil in (lie Siipicnic CiHiit, 211'.;. h st ol' tliiw I'liBi's the jury wtTP not iillowptl to find a general vcrdiet but were conlincd to answering certain questions of fact suliniitted to tliem l)V tlio judge, he reserving everjtliing else to himself. In iioro than thirty years' ;'Xi)erienee I have known of only two appeal? against the action of a trial judge in striking out a jury notice — loth un- successful. The saying of time — and wind — is enormous. The oi>ening and closing speeches of eouni.cl to the jury and the charge of the judge are done away; in argument there are very few judges who care to he addressed like a puhlic meeting and quite as few who are influenced hy mere oratory - all indeed must ex officio be patient with the tedious and suffer fools gladly. Vehement assertion, gross personal attacks on witnesses or parties, in- vective, appeal to the lower part of our nature, are all at a dincount; and in most cases justice is lietter attained, righti according to law are better ensured. Moreover during the course of a trial a very great deal of time is not imcommonly wasted in petty objections to evidence, in dwelling upon minor and al- most irrelevant matters which may influence the jury, wearisome cross-examination and reiteration, etc., all of whii.i. ^re mini- mised before a judge. But it is never to be forgotten that the courts belong to the people, and ihc wishes — even the prejudices — of the people must be borne in mind. If for any reason the body of the people were to come to the opinion that a judge trial was not a just trial, justice won'l not be satisfactorily administered if that form of trial were adopted. There I leave the matter. Very often during the course of a trial, facts will come to light which give a new turn to tlie case; some courts are so ham- pered, or so hamper themselves, that they cannot go outside of •The official report of the Inspector of Division Courts for 1913, .just to hand, shows tiiat in 1913 the total number of suits entered in these Courts in the whole Province was 6^.675, and the number of juries called for 117, a little less than one-fifth of one per cent. The whole amount claimed in the suits broufjht was about two and a half millions; the cost of tho juries averaged a few cents over $10. 1,1 me i)ioa(linj,'a, nml gnat injustco may result Wl.pnnv.., k any l.ide-bound practice « c„,.rt cannot do u.iee TlL / l.oca,.e a lawyer ha., n.ade a „.i„ake, there' fa „r „ t I elementary duty „t the court. ,n the ideal state, every llrt I-aw ,s not a game where the smartest man win, it i, , 'ay. I^t me not be nii.,understood. I nitv tl„. I,iwv„; , .lit very lew fields of knowledge which mav nnt K„ „f i in enlarging the mind and unders Inding pin d ™°i'^'' in the older authors will do no g at hlr^i if 11° f^, r"^""^ to fill the mind with antique viewT „ tl™ d Z . , " ""' u (liniinicli the signiliianco of the fact that tlie lawjer is a busineu irmn, hirt'il to do liis ilii'iit's businoss. A Holl pdiicntid Bar is a prcat ilpsideratum ; a 8clf-res[)ect- ing liar i» of gnat value— a liar. wluLh never forgetting the rights of the elient, does not think it ineonsistent with duty to assist justice hv eoiirtes.v to ojiponents, by civility to witnesses and others, by respect to the ec.urt. by a due regard to the exigenei.^s of public business. The noisy showy barrister, who phus to tlie gallery, seeks (o iru|iress his clii'nt or the populace with his abil- ity nnil inip(jvlance by discourtesy to others, insr)lence (more or less veiled) to (lu; court, inteririinabli' oratory to the jury, i- an evil, a public nuisance. That class will always be met with where the people wont it. Xo one can expect total self-abnegation and disregard of his own interests even in a coun.sel ; ami "for peo- ple who like that sort of thing, that is the sort of thing tliev like. What about appeals? The ideal method would be for tiie losing party to take all the evidence, pai>ers, etc., in the case, at once before the appel- late tribunal, and, both parties being heard, the case to be dis- posed of without delay. The nearer the practice is assimilated to that ideal system the better, other things being e(iual. Tlie Appellate Court should, if required by the amount of business, lie continuously in session witli only such intervals as are neces- sary to consider the cases presented. The material before the Appellate Court should be all the material in the trial court; tills should be got before the Appellate Court at the earliest pos- sible moment and with the least possible expense; the proceedings should be as little technical and complicated as possible, and in this court as elsewhere ju»tiotm ,le»ifnata under the statute. All of there have had at least one chance to be argued. The tevonlh is a case tui gencru. \ wife |g ,u|ng !,„, huslrand and conducting her own case. Two motions have been made by the defendant to dismiss the appeal for want of proaccu- tion, hut the court has extended the time. Much of the evidence at the trial is said to bo irrelevant, and the plaintiff is linding diffi- culty in extracting what is material. She scorns professional help and is perhaps looking for a grievance. At all events we Ihuugbt we should not cut her out of an appeal. Of the five decided in January, 1!)14, two were delnved by illness of counsel, and counsel on the other side agreed to "let the eases stand; two by reason of omission of stenogi nphers to get out evidence in time; and in the fifth, counsel mislaid his papers and the other side consented to delay. All these have liad at least one chance. We do not allow cases to stand from month to month without inquiry. From time to time all cases looking stale are called on to be spoken to; and if the reporters are found derelict tliey arc brought to time. If the parties are not really intending to go on with the appeal promptly, it is dismissed. During the May sittings all the appeals from judgments de- livered in .January, 1914, have been disposed of; of those before Januiiry, the two about the Street Railway still stand ; one other will be disposed of June 1, another June 5 ; all others have been heard. There have been added to the May list 3 cases in which judg- ment was given in March. We have heard Of those in February, 11 leaving 3 Of those in March, 35 leaving 12 Of those in April, 9 leaving 2 In addition to those fully heard, two involving disputes 17 hitwccn till- Muniiipniity ami privato indiviilualt hive been beard in part and ntnml for a proponed «;ttliiiicnt. And wimt Inw Hliould be adniininterwl ? M(wt of dm KnKli«li-»|HiikinK |Kopl(« In c llio tradition of the fundiinicntiil dJHtinrlioii of Ijiw iind Ivpiitv. TIiIh riiHiinplion i» hifrniiiid nnd hionc from ou.- luurstorn Imvin),' ii liiw of their own of which thiv HIT.. inonlinuti'l> and stuhlHirnly prou.l and tonacioni. "NnUmtis lrge.1 Angliae. miilare" «aid the barons on a fnuniorable orcnfion; nnd nolumiis hgm Angliiie mulare tlicy continuwl to think (»ome indeed eonsider that the Imrona have not ceased to be intensely conservative even at the prenent day). The jfrosa and palp«l)le injustice done by these venerated legri Angliat became intolerable, and after legal fiction had failed to permit justice to be done in the law courts, Equity was invented. "Equity mitigated the rigor of the common law" is the conven- tional and euphemistic way of putting it; hut this clooks the ia- famies which the common law enjoin.d or pennitted. 'I'he Itiw- yer was not till comparatively late entrusted with this new weapon; the churchman was the early chancellor. But it got at Ingth into the hands of lawyers and became as technical and as formal as the common law whofo rigor it was to alleviate. These two systems of law ran along side by side, administered by different courts for centuries, and the English lawyer came to think that this division subsisted in the very nature of things. It is hard to dislodge inveterate and traditional opinion! even when they are wholly without solid foundation. The colo- nial lawyers raised on English pncedents as pabulum, absorbed the English idea and it stuck. I have before me as I write a letter on the subject of the Courts of Law of Upper Canada ad- dressed to the Attorney General and Solicitor General in 1847. This was written by a member of our bar of the highest standing, one who «as afterwards Chancellor and then Chief .Tusticc of Ontario. Addressing the "Chief law officers of the Crown for ITppcr Canada upon a subject interesting alike to the profession and to the country— the due administration of justice," and at a "time when changes iinocar to he contemplated in some of our ConrtF of Justice," ,ic-s that "law and equity ought to be 18 con.i.lereU «. di.linct ..,t..,n.. .„,! ,h.t the, are « con.idered .n.l kep apart in K, ,il„n.l, i,, porh.p., „ne of the be.t pro.i.ion. of our ton.t.tutmn." If,, approve, the .tate.i.ent of LorJ Ehlon a. to the mwMity „f that teparation of Court, of l^w u>,\ Kquity which ... mainly contribute, to the tomplcte anj effectual «.linin,.tration of jn«ti™ to an extent and in a degree ,uch a. are unknown and n.u.l 1« ever unknown where thai .epar.tion i, not effectually made and „h,efved." In Upper Canatla we had got along without a "ourt of K.|uily lili 1837, and there wa. in 1S4, talk of gettrng rid of it. Mr. Spragge (,|,e writer .poken of) . eprwta e, ,ueh a ,our.e, .li.pute. the statement of th.«c who '"■' Z'u , 'iT/'" *'"""" " *^''""' "'" f'o'-rt "f Chancery WH. estabh.hcd," for, he .ay,, "the .„,nmon law wa. never n.eant nor I. ,t calculated by it,elf to form the juri.prudence of a coun- try. Without being tempered by equity law, it would often work injustice, and in it. actual operation in thi. country the applica- lion of lU rule, did work injustice until a language began to l used m our Court of King'e Bench which would have «,unded B rangely in the ear of a common lawyer in England." He think, that without separate courU "the law • « . would degenerate into an uncertain hybrid system neither common law nor equity but an incongruous compound of both, so that no man could tell what h,s rights are." "We mu.t • • • have English law, a combmed system of law and equity, or we must abrogate the Engl.8h law, throw our whole system of law to the winds and adopt the c-vil law. But were so mad a scheme proposed me- thinks Upper Canada would answer as with one voice nolumut yg,s Angha, mutare." This reasoning was adopted, and a. at the Parliament of Merlon so at our Canadian Parliament "Omne, comites et barones una voce respondentni quod nolunt leges in- gliae muiare quas hucusque usiiatae sunt et approbatae. If any lawyer were asked to lay down a code of laws for a new community he would be thought insane if he laid down two codes, one of laws to govern the people and another, to modify and to that extent to nullify the f! .t; and yet because from his- toncal reason, that system grew up in England, many lawyer, thought it a necessary system. Even in 1847, some could not 11 conceive o( tlio IcgUliturc cdinbining the two iyitemi into one, u