DELAY IN CIVIL PROCEDURE IN CHICAGO

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DELAY IN CIVIL PROCEDURE IN CHICAGO WHERE THE SITUATION HAS BEEN MOST RECENTLY ACUTE BY JAMES courts sitting in the city of J. Chicago are about three years behind in their work, and the judges, the Bar of the city of Chicago, and the legislature of the state are actively seeking for a remedy for this condition. There are two courts of concurrent com mon law and equity jurisdiction — the Circuit and Superior Courts. In the Cir cuit Court there are fourteen judges, and in the Superior Court, eleven. Six of these taken from both courts sit in the Appellate and Branch Appellate Courts, and devote no time to their respective trial courts. Five of the judges of the Circuit and Supe rior Courts are assigned to and devote a large part of their time to the Criminal Court. Judges are called in from other circuits to hold court in the Circuit and Superior Courts. From four to six of these outside judges sit almost constantly. The state of the docket shows, however, that under the present system this large number of judges is unable to cope with the pend ing litigation. There are about 16,000 law and about 4000 chancery cases, and 9195 law cases and 2609 chancery cases pending in the Circuit and Superior Courts respectively. There are begun annually an average of 11.563 suits in the Circuit Court, and 7341 in the Superior Court. These are appor tioned between law and equity. In 1904, 3862 chancery cases and 7700 law cases were begun in the Circuit Court; in the Superior Court 4118 law suits, and 2815 chancery suits were begun. The Circuit Court disposes annually of 5872 law cases and 4386 chancery cases. The Superior Court disposes of 4123 law cases and 2576 chancery cases. Cases on appeal from justice courts, which involve less than $200. and actions for per

M. GWIN sonal injuries against the various railroads, street railroads, and the city, constitute a large portion of the cases on the dockets. The clogging of the court dockets by per sonal injury cases is, of course, common in all large cities. That due to appeals from the justice courts is peculiar to Chicago and is due to the abuses present in the jus tice courts in the city. The justice court system will probably be abolished at an early date. The cost of litigation is too small. The docket fee on the starting of a suit is $10.00; the defendant's appearance fee is $3.00. No other costs are taxed except witness fees and costs for taking depositions. An increase in the cost of litigation would un doubtedly decrease its volume and diminish the delay now a part of the overcrowding of the dockets. The common law system of pleading obtains in Illinois. There has been a move ment on foot which has resulted in the appointment of a commission by the gov ernor, by the authority of the legislature, to report upon modifications in pleading and practice. Although this commission has made a report there seems to be little chance of any changes which will result in elimi nating the present delays caused by the present system of pleading and procedure in force in this state. Much delay is caused by the lack of co operation among the various judges. Each judge conducts the business that comes before him without reference to the other judges, with the result that one judge may be overcrowded with work on certain days, when many of the others have very little to do. With such a large number of judges holding court, there should be some one executive head who should direct the assign ment of the various matters to the various