Conciliation Branch Authorized The Minnesota State Bar Association bill for the establishment of a Conciliation Branch of the Municipal Court of Minnesota was duly passed by the recent legislature. The bill, together with an explanation of it, written by Dean Vance of the University of Minnesota Law School is to be found in the Minnesota Law Review, Vol. I, No. 2. The first plan was to obtain a law to provide for conciliation courts for all parts of the State, but the effort was subsequently narrowed to the jurisdiction most needing it and the one in which the best prospect for success lies. With past experience in Cleveland it is no longer difficult to establish a successful tribunal for settling small claims on an equitable basis at a trifling cost wherever there is an organized court working in divisions. problem is not so easy in rural counties. The establishment of a system of county courts, each having a judge empowered to supervise the work of justices or magistrates, would permit of establishing conciliation procedure under good auspices. A rapid spread of the principle of informal procedure for small claims is to be expected. The adoption of the idea in both forms, i. e., conciliation and arbitration in the Municipal Court of New York City, is noted elsewhere in this issue.

Informal Procedure Succeeds

The

The Small Claims branch court of the Municipal Court of Chicago, reported in Bulletin VIII, AMERICAN JUDICATURE SOCIETY, was a success from the first day. It was orginally given jurisdiction of all civil causes up to $35. In this court trial is ordinarily had on return day, and while no essential of our traditional trial practice is omitted, the work is done very expeditiously. The farce of a jury in a little cause is avoided, though litigants

could in theory still demand the statutory jury of twelve men, g. and t. The time of an entire trial averages fifteen minutes, which is enough to enable an experienced judge to get the facts and apply the law. The judgment is just as substantial as in any court. The fact that there are no appeals proves the satisfaction of litigants. Promptness in disposing of these cases has greatly stimulated settlements and defaults in cases in which there is no meritorious defense. The result is a great saving of time to the court.

After a few months the jurisdiction of this branch was raised to $50. After a little more than a year it was again raised, this time to $100, and two judges were asdispose of more than 25,000 suits in their signed to this work. They will probably

first year.

Free Justice for Indigents

The Boston Legal Aid Society has submitted to the Massachusetts Constitutional Convention the following resolution, presented by Mr. Loring of Beverly:

RESOLUTION to provide for securing Fredom and Equality of Justice in the Courts of the Commonwealth to All Per

sons.

Resolved, That it is expedient to amend the constitution so as to provide that:

To the end that Article XI of Part I of the constitution may be given full force and effect throughout the commonwealth, the justices of the supreme judicial court may, in their discretion, make rules of court or take any other action designed to guarantee that no subject of the commonwealth shall, because of poverty, be denied certain access to the courts, or proper representation therein, in any proceedings, whether civil or criminal.

It is hereby expressly declared that the above conferred power extends to provisions concerning the payment of court costs, the assignment of counsel, the creation, control and supervision of organizations or bureaus to render legal aid and assistance to poor persons, and to the expenditure of such sums

of money as may be appropriated by the legislature for these purposes.

The authority hereby entrusted to the justices of the supreme judicial court may, by them, be delegated in whole or part to the justices of any other court.

are

The resolution embodies a most worthy purpose. It is absurd that the State should exact fees from poor litigants with the result that generous citizens obliged to raise funds to purchase justice for them. But this need, and many similar needs, should be taken care of by the organized judiciary of the State without special mention in the Constitution. A broad delegation of rule-making powers will permit of all such practices and application for reform procedure will be made directly to the responsible arm of government, which is much better than to lumber up the organic law with what is no more than minute statutory regulation. If all the good things needed to make state government effectual were put into the constitution it would make a thou

sand pages. All the supporters of better procedure should get together and secure a straightforward delegation of authority to the judiciary to regulate procedure. This does not necessarily imply exclusive rule-making authority for the courts, as has been proposed in New York and California. There are the strongest reasons for not depriving the legislature of its traditional powers. The ideal system is that which permits the courts to make rules subject to legislative abrogation. This respects the historic division of powers and creates a proper balance between these departments of government.

International Arbitration Rules

Under the auspices of the International High Commission an agreement for arbitration has been entered into by the Chamber of Commerce of Buenos Aires and the Chamber of Commerce of the United States of America, effective as of April 10, 1916. The latter Chamber has published the Agreement, the rules

adopted, and the names of the arbitrators chosen on behalf of both sections for services in this country. Negotiations are now under way for the making of similar agreements with the commercial organizations of other large seaports in South America. This work is in fulfillment of the plan to encourage trade relations with southern nations. Jurisdictional difficulties in regular courts, to say nothing of other causes for dissatisfaction, have resulted in frequent resort to arbitration in the great receiving ports of Europe, and it is realized that our business interests must be relieved of this handicap to good trade relations in order to compete effectually.

Gulf State Lawyers Active

At the July meeting of the Alabama State Bar Association the report of the Committee on Unified State Court of the

Mississippi State Bar Association was ordered printed in the proceedings. This is the report commented upon in the first number of the JOURNAL. The Alabama Bar is evidently not to be far behind that of its neighboring state. The delegation of rule-making authority enacted by the legislature has proved worthless, since it forbids the abrogation of any statute. No constructive revision of procedure can be accomplished unless the power of abrogating existing law is conferred.

The Louisiana State Bar Association has also taken official notice of the Mississippi report, having appointed a committee to consider the availability of the plan in Louisiana. The administration of justice is already on a comparatively good plane in these three states, but it is realized that unification of the court structure will permit of great economies.