st. The
only remedy for these is a more enlightened public opinion, a wider
diffusion of the spirit of impartiality, a greater realization of the
right and need of every person to life, liberty, and the results of
his industry and economy.

Nor are the judgments of our courts always righteous. Some of the
instances of unrighteous judgments result from failure to ascertain
and apply the truth as to the facts of the case; some from errors in
judgment; some from lack of firmness in judges in enforcing the known
rights of the individual on the one hand, or those of society on the
other; and perhaps a very few from incompetency or corruption. These
causes can be removed to a large extent, by a more rigid insistence on
skill, ability, industry, learning, and courage on the part of those
assuming to administer justice as attorneys and counselors. The same
insistence in the selection of judges will lessen the injustice
resulting from their errors in judgment and from their lack of
firmness.

There is yet another cause of injustice, the delay and expense in
obtaining even righteous judgments. It is an axiom, that justice
delayed is justice denied. This delay and expense are often charged
against the courts and judges, as if they had full control over
judicial procedure. It is not the judges but the legislature that
shapes the judicial system and prescribes the judicial procedure,
so far as they are not fixed by the constitution.

It is not the courts but the legislatures that provide for so many
appeals and allow so many stays and consequent delays. Judges and
lawyers the country over are urging a more simplified, a more speedy,
and less expensive procedure. They are also urging the establishment
of more courts with more judges to cope with the constantly increasing
litigation, in order that the wrongs against the individual and the
wrongs against society may be redressed with a minimum of delay and
cost. It is the legislatures that hesitate and often it is the
legislatures that tie the hands of the judges. In some states it is
sought to deprive the judges of their proper influence in jury trials.
In some states it is even sought to prevent them from saying more than
yes or no to proposed instructions to a jury. In many states nearly
the whole matter of procedure, its various steps, are fixed by statute
and become difficult of improvement. If courts could have more power
and the legislatures would interfere less in matters o