twelve weeks every year in respect of cases that might be disposed of in London in about a week by one judge. On other circuits, too, time is wasted in an equally reckless manner, the judges on several days being absolutely idle.
Surely there is no necessity to allow a week for the judicial work at a town where there are only a few cases that could easily be disposed of in a couple of days. The public, who pay the bill, unfortunately have but little opportunity of having the shortcomings of the judges brought under their notice. Not only are the latter protected by the respectful feeling, the result of ingrained reverence, that the judicial bench has always been able to inspire; but it is also a fact that those whose position makes them most capable of criticising the judges find it contrary to their interests to do so. Barristers who have to make their way at the bar, and who are well acquainted with the peculiarities of the judges, are afraid to speak of them, for to do so would be to their own professional detriment, and clerks and underlings, who have to rely on the patronage of the judges, cannot be expected to tell what they know.
In the present article it is to be hoped we have done enough to show that defects exist, and that one of the most needed reforms is the establishment of a complete and efficient controlling power over our judicial bench, for judges, after all, are only human, and no human beings, however honourable, can be relied upon always to perform their duty to the public with thoroughness and energy if left entirely to their own devices.
The fact that private arbitration, especially in commercial cases, has in a great measure superseded the Courts, forms a most damaging comment on our judicial system. The case, then, that we allege against the judicature may be briefly summed up, the chief points being as follows:-
- Excessive cost.
- Unreasonable delay in getting to trial.
- Unnecessary multiplication of appeals with consequent delay and expense.
- Waste of judicial power on Circuit and Divisional Court arrangements.
- Incapacity of individual judges.
- Unreasonably long holidays.
It is our intention in subsequent articles to bring forward further particulars, and without going so deeply into technical details as to be uninteresting to the ordinary reader, to suggest remedies with a view to bringing our judicature more in touch with the people, and making it adequate to the needs of a great commercial community.
