Page:The Green Bag (1889–1914), Volume 24.pdf/124

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The Legal World iXConthly Analysis of Leading Events

Following the Government activity hostile to great commercial combina tions, there are significant symptoms of a growing sympathy with the project of federal supervision of corporations, with the sanction of combinations for lawful purposes that such supervision implies. Attorney-General Wickersham in his annual report suggests that the federal Bureau of Corporations, even in the absence of a statute for federal incorporation, be raised to the dignity of an administrative agency "under whose supervision consolidations or mergers for lawful purposes might be formed." Secretary Nagel of the Depart ment of Commerce and Labor, in his annual report, urges the creation of a permanent federal supervising agency and the Secretary also recommends that the Bureau of Corporations be developed to take up the form of supervision he suggests. Andrew Carnegie, appearing before the Congressional Committee, has advocated such federal supervision as that favored by Col. Roosevelt. The evils of dilatory procedure in the courts of New York City have been engrossing the attention of the bar. Justice John W. Goff of the Supreme Court gave the lawyers something to think about when he said that there was a general understanding between the attorneys in forty cases on the day's calendar to put them off, so that not one of them could proceed to trial, and there after, by consent, have them restored to the calendar. Justice Goff referred directly to a little group of lawyers who are commonly known at the county Court House as the "Accident Trust."

This group has a monopoly of about 80 per cent of the prosecution and defense of accident cases. This monoply of the legal work on both sides of accident cases, the Justice said, is what is respons ible for the long delays. It means that cases cannot go to trial, he said, because the counsel on one side or the other is busy in another courtroom. At the meeting of the New York County Law yers' Association on Jan. 4, the law's delays were discussed, there being some difference of opinion as to whether the bench or the bar was mainly responsible. The Association finally adopted a resolu tion introduced by Abraham I. Elkus, calling upon the Justices of the Supreme Court to appoint a committee which would co-operate with a committee of the Association in order to improve the present calendar practice. In conse quence some improvement in the cal endar practice is likely to be secured, but the English principle that the mak ing up of the calendar is in the discre tion of the court, rather than of counsel, and that counsel not prepared for trial must be ready to have judgment entered against him by default, has hardly the slightest chance of adoption. Progress has been made in the diffi cult work of unearthing evidence regard ing the dynamiting conspiracy within the ranks of organized labor, and the federal grand juries at Indianapolis and Los Angeles have accomplished something toward the discovery of the confederates of the McNamaras. The depressing feature of the investigation, however, has been the fact that the labor-unions, while repudiating the McNamaras, have not furnished the Government