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Updated: May 19, 2025
At first he had taken it with a dreadful bitterness; now he regarded it with a quiet, unimpassioned despair. He regarded his wife, himself, and Cayley, as an impartial judge would view the extraordinary claims of three desperate litigants. He thought it all over as he sat there smoking.
Lawsuits, which in chancery could last for centuries before a settlement of the various claims was made, might have infinitely enriched the gentlemen of the long robe and reduced all the parties to beggary, had there been any tribunal but the battle-field to decide among the august litigants.
These proposals were exactly in line, it is interesting to note, with the position taken by the Supreme Court of the United States when appealed to to protect certain litigants from the financial losses which they confidently expected if they should submit to the regulation of their charges and of their methods of service by public legislation.
The provision for arbitration contemplates the formation of a permanent tribunal before which disputed cases may be brought for settlement by the mutual consent of the litigants in each separate case.
As soon as I succeeded in fighting my way to the densely crowded court, I took stock of the various actors in the drama, which I as a spectator was prepared to enjoy. There were Percival Brooks and Murray his brother, the two litigants, both good-looking and well dressed, and both striving, by keeping up a running conversation with their lawyer, to appear unconcerned and confident of the issue.
So, although the young man's mind born for better things not unreasonably revolted from it, nevertheless, after sampling the scholastic disciplines he worked at the law with such success that none was more gladly consulted by litigants, and he made a better living at it than any of those who did nothing else, so quick and powerful was his intellect.
The Thesmothetae were many years afterwards, when these offices had already become annual, with the object that they might publicly record all legal decisions, and act as guardians of them with a view to determining the issues between litigants. Accordingly their office, alone of those which have been mentioned, was never of more than annual duration.
I therefore recommend legislation providing for the appointment by the President of a commission with authority to examine the law and equity procedure of the Federal courts of first instance, the law of appeals from those courts to the courts of appeals and to the Supreme Court, and the costs imposed in such procedure upon the private litigants and upon the public treasury and make recommendation with a view to simplifying and expediting the procedure as far as possible and making it as inexpensive as may be to the litigant of little means.
Of all the ordeals these are the most dreaded by the Khasis. Siems, Wahadadars, Lyngdohs, &c., do not order litigants, or even propose to them, to have their cases decided by this ordeal, fearing to incur blame for choosing it, owing to possible evil consequence thereafter to the parties.
There the litigants follow the natural order, and carry with them before the bench everything that has any relation to the case whatever, and leave the court to examine it and allow it its proper force. Our own changes in the law of evidence are all in this direction.
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