I78
THE GREEN BAG
application of which depends not only the cause was irrevocably lost, and many an security of life, property and reputation, unjust cause was won upon mere techni but even of liberty itself. Our constitutions calities, without their substantial merits and our laws may decree liberty, but it is being ever enquired into. That such a only in the working out of these laws that thing was possible was no credit to the we shall enjoy liberty, and that wrong and administration of justice. When our plead oppression shall cease. Let us remove not ing in Canada was highly technical, one of the ancient landmarks. Let us not lower our Chief Justices implored the bar to fight the standards that concern the honor of the with the sword of the warrior and not profession. Change must needs come in with the dagger of the assassin. Progress the methods and the etiquette of the pro is even-where now in the direction of fession; but let us not suffer these changes simplifying pleading. The old forms are to obscure that, which for the true lawyer one by one being discarded. Only that must always be above money-making, and is retained with serves some useful purpose above fame, the fact that his sacred obliga of convenience and fairness. The power tion and his highest privilege is to assist of amendment is so extended and is so in the administration of pure justice. exercised that the missing dot to the "i" Changes will come in the administration and the cross to the "t" is actually supplied, of justice, too, and the duty of the Bar rather than that justice should miscarry. will always be to see to it, by all that we There is a disposition of enquire into and hold worthy of respect and preservation, decide the substantial merits of each case. that whatever these changes may be, they On the criminal side it is not so easy now shall never be suffered to corrupt its cardinal to escape upon some miserable technicality. It is only right and just that an accused notice or to pervert its essential truth. I have not yet referred to what is one person should know precisely what he is of the most noteworthy and most welcome charged with, but that is all he has a right of the tendencies of our times, the awaken to in the indictment. This all means that ing of Bench and Bar to a truer realization we are to get below the surface, to regard of the relative importance of substance and the substance rather than the form, to seek form. The development of the science of for the real thing and not for the mere name. pleading is a very interesting subject. We are to preserve so much form as is neces A science which Chancellor Kent could sary for orderly and logical arrangement, but pronounce "equally curious, logical and the form is only the means — the end is the masterly" is naturally well worth study. right and the truth. The despatch of legal business in an expeditAnd the law's proverbial delay is receiving ous and rational mannner absolutely re universal attention, and will receive much quired and still requires that the claims more, as there is so much to be done to of litigants should be stated with definite- remedy wrong here. It was once said that ness and with logical method. Everyone the people preferred the swift injustice of knows that the primary purpose of plead the Vice-Chancellor to the tardy justice ing was to discover with clearness the actual of the Chancellor. Every member of the questions in issue between the parties, but Bar present knows that very often justice it is equally known to all that in the intricacy delayed is justice denied. I believe I am and sublety of this science, that which was right in saying that even in the last five merely formal or incidental came to be years great progress has been in this regard regarded as sacramental, and it is within the and, excepting a few jurisdictions where recollection of some of us who cannot be business has increased beyond the capacity truly called very old men that many a just of the courts to dispatch it, the average
