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SWIFT AND CHEAP JUSTICE
having exclusive jurisdiction of a portion of the litigation, is unscientific. The example of the English and Federal systems admonishes us that a number of independent courts of exclusive and original jurisdiction will in time yield to the demand for unification and consolidation. On the other hand, to create several courts of concurrent jurisdiction will result only in a competition for business in which the most efficient tribunal will attract all the litigants and lead to consolidation in order that the methods and procedure of the most successful court may be extended to all. For this reason the committee is of the opinion that the municipal court is but a temporary device to ameliorate existing conditions. If the older courts will not yield to the reasonable demand of litigants to modernize their practice, procedure, and methods, the creation of a municipal court may become necessary in order to compel the ultimate modernization of all the courts.
A little leaven will leaven the whole lump, and thereby make the leaven itself unnecessary after it has done its work. Therefore, says the committee, we do not recommend its use! It declares:
Competent observers believe that it is but a matter of time when, in Chicago, there will be a revision of the judicial system and a consolidation of all the civil trial courts, so that the successful methods of the new municipal courts may be applied to all civil litigation.
From the possibility of any such revision, Philadelphia will be spared if the judgment of these jurists is accepted by the people. The danger of leaven in the judicial lump fortunately is not appreciated in other cities. The influence of the organization principle of the Chicago Municipal Court is reflected in the inferior criminal courts of New York City, in the Municipal Courts of Cleveland, Buffalo, and Milwaukee. It is the basis on which the Bar Association of St. Louis has asked for a Municipal Court for that city, and of a movement for a similar court in Kansas City. As I write, a commission appointed by the New York legislature is at work reorganizing the Municipal Court of New York City.
If the adoption of coördinated business systems for the lower civil and criminal courts of our cities produces the results which are confidently expected of them (and feared in Philadelphia) as experiment stations for cheap and speedy justice, their effect upon the higher courts will be irresistible. The success of these centralized, highly organized courts is bringing by contrast public attention to the unorganized condition of courts of higher degree. The opportunity for reform in organization is indeed great. The higher courts of practically all our states are more products of history than of constructive principles. They are growths and most of them have never been thoroughly reorganized since the passing of primitive conditions. The laws governing them are accumulations due to legislative tinkering
and the united zeal of the place hunter and the legislative job creator. We have not yet fairly begun this process of reform in organization As has been said, this is a very difficult kind of reform. In most states its accomplishment involves constitutional amendments, and the adoption of constitutional amendments necessarily and properly requires time. A committee of the American Bar Association, aspointed to suggest remedies and formulate proposed laws to prevent delays and unnecessary cost in litigation, made a report to the As sociation in 1909 which embodies the ideal to which this movement for judicial reorganization should tend. The committee submitted the unification of the judicial system as a first principle which should control in judicial organization. It says:
The whole judicial power of each state, at least for civil causes, should be ! vested in one great court, of which all tribunals should be branches, depart-1 ments, or divisions. The business as well as the administration of this court should be thoroughly organized so as to prevent any mere waste of judicial power and of needless clerical work, duplication of papers and records and the like, thus obviating expense to litigants and cost to the public.
This report follows the reasoning of Professor Roscoe Pound, in a memorable address given before the American Bar Association in 1906, in which he declared that our system of courts is archaic in three respects: In its multiplicity of courts; in preserving concurrent jurisdiction; and in the waste of judicial power which it involves
. This subject of judicial organization is one in which the assistance of business men is of demonstrated value. It was the Commercial Association of Chicago which led in the organization of its Municipal Court. It was largely through the urgency of business men in other cities that the municipal court idea has been adopted elsewhere. If business men in large numbers could be made to appreciate the extent to which their services could be of value in this particular branch of reform, its progress would be facilitated greatly. To a large extent, of course, the main questions of law reform are of a technical character
a which requires the expert work of judges and lawyers. The question of the form of organization, the business system of justice, however, is one in which the judgment of business men can well be utilized.
The doing of justice is not business, but the organization of the machinery by which justice can be done efficiently is business. No higher service can be done by men skilled in organization than this work of, first, creating the necessary public demands for the business organization of the courts, and second, when that demand has taken concrete form and the way has been cleared of establishing the courts upon a plan which is ordered, intellige
WHAT I AM TRYING TO DO
GIVE TWO MILLION CHILDREN A CHANCE IN VOCATIONAL CONTINUATION
TEACHING COSTS ONLY $10 A YEAR PER CHILD
H. E. MILES (PRESIDENT OF THE WISCONSIN STATE BOARD OF INDUSTRIAL EDUCATION, CHAIRMAN OF THE COMMITTEE ON INDUSTRIAL EDUCATION OJ
THE NATIONAL ASSOCIATION OF MANUFACTURERS)
AM one of many who are trying to Last year the state of Wisconsin gave make it possible for every boy or
free vocational education five hours a girl who leaves school at fourteen to week or more to 17,000 persons, mostly continue his or her education while boys and girls. This year it will do the working.
same for 25,000 pupils, and next year We are trying to make our public for 40,000. These are children who are school methods practical and useful, by at work, and their employers are paying providing vocational education for every them for the time spent in school. The child who needs it, at public expense. Wisconsin law requires every child between
If, to do this, it is necessary to upset fourteen and sixteen, whether employed existing educational conditions, then we or not, to attend these schools unless he may fairly be said to be trying to has already completed the elementary reorganize public
public education in the school course. United States.
Our special continuation vocational There are two million children, between schools have solved, in a simple yet highly the ages of fourteen and sixteen, out of efficient and practical manner, the bigschool in this country. Recent investi- gest educational problem confronting the gations indicate that not more than half people of the United States. The schools of these are at work at any one time, or can be opened everywhere with the were forced to leave school through minimum of delay and conducted with economic pressure. The other half are the minimum of expense. Several other idle. Practically all left school because the states have already begun to establish schools did not hold their interest. School
School them, and many more will follow. had become distasteful to them and their Let no one imagine for a moment that parents had tired of insisting on their vocational education is a matter of dolattendance.
lar-getting only. The worker must be Most of these children have left school made super-excellent, if may be, in his at or before the end of the sixth grade, trade, but as character is infinitely more as half of the pupils in the public schools important than dollar-getting, the worker do, and as all do who enter our industries. is taught, as of
taught, as of infinite importance, For the vast majority of these children "citizenship,” his relation to society, to this has been the least of their schooling. the government of city, state, and nation, For decades we have been turning loose his rights and how to get them, his obligaevery year an increasing number of boys tions and how to observe them. and girls at the critical period of life, the None of these things is taught by the beginning of adolescence, when their end of the sixth grade, when half our developing character needs guidance the children leave school.
children leave school. Little of them is most. And we have given them little or taught even in our high schools, into which nothing in school that is of real service to only one in five of our children goes, and them in facing the problems of life. from which only one in thirty graduates.
It is customary, in these days of cen- A commission of experts was apo tralized control, to take it for granted by the legislature to investigate . that everything worth while is highly report a plan. This commissin organized. But when we examine the sisted of the state superintende public school systems of the various education, the director of the la: states, we find that, for the most part, Extension Division, the dean there is only local control and direction of College of Agriculture, the supeririz. the schools of the entire Nation. Only of schools of our largest city, Min. four or five states have boards of education the director of the legislative tot with any real directing influence in edu- library, and the president of the cational affairs. In at least forty states university. This commission ser: public education is not a system but an McCarthy, the legislative reference incapable, semi-ignorant, headless jumble. rian, to Europe, and he spent the The girls of sixteen who begin as teachers part of a year investigating the com at $35 a month (we are reported to have of industrial education in northern E. five thousand such juvenile recruits for On his reports and those of a sa. the teaching profession every year in mittee, which was at the same to Wisconsin alone) have more to do vestigating local conditions in the with making or unmaking our public school bills were drawn up, not only pro system than all the state boards and state for vocational education, but mai superintendents. And to this aggre- possible to carry out the plan 25 gation of inadequately trained and un- upon. Bills were also drac guided educators, the people of the United amending the truancy laws, the or States give $500,000,000 a year under sory education laws, the apprent.cz the delusion that they are thus providing laws, and other laws, all dovet for the education of their youth. To concerning the relation of mines these educational shambles we are en- labor and to school. Then, before trusting a billion-dollar investment in bills were submitted to the legis plants and the present and future welfare they were taken up with the organizz. of 18,000,000 young Americans. We are of employers and the labor organizar handing over to this headless system the so that both might fully undefuture of a Nation. And if you want what was planned and how these s proof that this system is a failure, con- were to be controlled. And the i sider that half of all who enter it leave as lature passed the bills substantial failures by the end of the sixth grade. the form in which the commission re
In short, the common schools are not mended them. giving the children what the children Under these laws night trade sca want and need. The business men of were created for adults, a systet Wisconsin awoke some time ago to the commercial schools, and a system fact that the common schools were at vocational continuation day school least fifty per cent. failures. After years boys and girls employed as wage-a of protest the business men, jointly with supplementing existing schools but the very exceptional educational leaders
no way encroaching upon them or 1. and legislators, have found the remedy fering with them. The government and are enthusiastic in their activity these new schools is in the hands in helping to apply it. This work has governing board of nine, three of it given these business men an oppor- the state superintendent of educ tunity to prove their citizenship, to the head of the University Exte discharge in part their social obligations, Division, and the dean of the Colle: by helping the state to provide education Engineering, representing th in a form that is of genuine benefit to cationalism;three others those who receive it.
and three representati We did not jump blindly into a new facturing and commercia experiment in education in Wisconsin. we created local
education, making it compulsory upon had been taught a little reading, writing, every city of five thousand inhabitants, and arithmetic and possibly a little geogand permissible in smaller communities, raphy, most of which they proceeded at to have a local board composed of the once to forget. We had many surprising superintendent of schools, two employers revelations of the failure of common of labor, and two working men. In this school education in the lower grades. way we established in every community Handsome, intelligent, supposedly edua board qualified to look at the problem cated mechanics of from nineteen to of industrial education from every possible twenty-five years of age who had dropped point of view. Not only has the plan out at the end of the sixth grade are worked out admirably so far as the edu- coming into the industrial schools, and cational phase is concerned, but it has some of them have to begin their English been found that this commingling of the studies with reading the primer. Scarcely interests of employer and employee, and any of them can do simple fractions and the bringing of both into direct relation many of them have to go back to addition with the public as represented in the and multiplication. Their hunger for person of the public servant, the superin- vocational education overcomes their emtendent of schools, is really amounting to a barrassment at their lack of knowledge. new union of social forces, which is acting These are American-born young men and as a social leaven, from which a better women. The city superintendent in one mutual understanding and a closer co- place where our vocational schools have operation of interests in other directions been established is authority for the is arising
statement that it is clear that these children We provided for the opening of thirty either never were taught spelling, reading, schools with a maximum state appro- and arithmetic or they have wholly forpriation of $3,000 apiece (this sum not gotten them, and he adds that they are to exceed half of the local expenditure), taking hold of their new work with the and requiring the local boards to open utmost interest and avidity. continuation schools wherever as many The courses in our Wisconsin continuaas twenty children between fourteen and tion schools include instruction in Engsixteen were found out of school, whether lish, in elementary personal and social at work or not.
hygiene, and in citizenship, but the main With the continuation schools opened stress is laid on the relation of the schcol in every industrial community, there will work to the work the child is actually be no idle children learning the vices of doing in the shop or store. Every child the streets. Every local community is is given instruction in the theory and required to pay half the expense of the practice of the industry or occupation in continuation schools within its bound- which he is engaged, if it is a progressive aries, and, except in Milwaukee, the $3,000 and developing industry. Mechanical state appropriation meets half the ex- drawing, “the language of the shop,” pense of every school. For the current is taught, with shop mathematics. Childschool year the state has appropriated ren who could not do simple calculations $150,000 and there will be forty-five when they had only abstract numbers to continuation schools in operation, with at deal with show surprising aptitude in least twenty-five thousand in attendance. working out problems directly related to The children are required to attend a the work of their hands. The courses minimum of five hours a week and, in include such
include such handwork as carpentry, nearly every case, their employers give pattern-making, printing, moulding, mathem this time without deducting any- chine-shop work, etc., for the boys, and thing from their wages.
dressmaking, millinery, domestic science, One of the first things we discovered and chemistry for the girls. Besides was that the children who had gone to these in every city are taught the ocwork at the age of fourteen were to all cupations most followed in its factories. intents and purposes uneducated. They The establishment of the first of these