498
THE GREEN BAG
case involving nominally £22.11.6, pay ment on account having reduced the actual amount in controversy to £2.11.6, and, as the salaries of the occupants of the Bench were not less than £20,000 a year — to say nothing of those of the Court attendants, and the barristers' and solicitors' fees on both sides — the economy of such an employ ment of human effort is not apparent. Someone, however, thought his rights had been invaded, which justified the waste, while the costs furnished a small stake upon the result. APPEAL COURTS In the two Courts of Appeal — the last resort except for occasional cases which reach the House of Lords and Colonial appeals which go to the Privy Council — the best work is to be seen. Here, indeed, is the most perfectly working tribunal for the adjustment of conflicting rights which the wit of man in any age has devised. The Lord Chancellor, the Chief Justice, or the Master of the Rolls presides and two associate Lord Justices compose the court. Printed briefs are not used — the ad vantage of which omission is not apparent. There is no bill of exceptions and the ap peal is in name, as well as in fact, an appli cation for judgment precisely the reverse of that rendered below or, in the alternative, for a new trial, and everything which has transpired is open to review. Three barristers on a side are usual here — the leader, junior, and devil — together with the solicitors. The leader for the appellant opens, stat ing the case with great particularity. He reads from the evidence, documents, and charge to the jury at much length, as (for no discoverable reason, but probably due to ancient custom and lack of enterprise) the material is all in manuscript, often il legible and with occasional errors in the copies of the court and respective counsel. This is tedious and prosy. The American
auditor gets an unfavorable impression at this early stage of the argument, to be, how ever, later dispelled. During this irksome opening, the court has been getting a grasp of the case, which becomes apparent when the argumentative stage is reached. For then there ensues a good tempered, courteous, informal debate between several gentlemen, consisting of the court and opposing counsel. There is no "orating " and no declamation. The posi tions of the opponents are stated rapidly and smoothly. Each is taken up by one or more members of the court, as enunciated. and distinct intimation given whether the court agrees with the speaker, in which case he may pass on; or deferential dissent warns him to strengthen his position, but a frank expression of doubt may be accompanied by a friendly invitation to the other side to contribute suggestions. At the conclusion judgment is rendered orally in nine cases out of ten by the presid ing Lord Justice, as the last speaker resumes his seat. Then follow the opinions of the associate Lord Justices concurring or dis senting, all expressed with the utmost frankness and spontaneity. These are taken down stenographically and after revision, sometimes by the judge himself, find their way into the books to become author ities. Occasionally a "considered judg ment" is reserved to be delivered within two or three days. The contrast presented by these methods (for the system is not essentially different) to the average American appeal is very great. Here only the ablest men can know by a kind of intuition upon what points their cases will turn, and one often hears a more or less stereotyped speech delivered to a court sitting like silent images, without the slightest intimation to the speaker whether he is wasting effort upon conceded points, or slighting those upon which he may discover by the written opinion — de livered months afterward — he has -won or lost.
