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and too often denied by some, technical rule of law-7all of which brings us to justice in form, but injustice in fact. Fourth Too much judge made Jaw. ' The Honorable Frederick R. Coudert of the New York bar, in an address before the American Bar association, said: "To my mind the. general un popularity, not to say disrepute, into which the law has fallen is due primarily to incom petency both of the bar and the bench, ket me say at the outset that I believe our judgesto be honest, but in too many cases ttie necessary temperament) general education and technical skill are lacking owing to the fact that the judicial posi tions are political rewards rather than well earned distinctions. "The functions of a judge are not difficult. A fair-professional training, sound common sense and willingness to work are suffi cient to make a judge efficient and esteemed' , Throughout Mr. Coudert's ad dress he labors hard to place the major part of the responsibility for this "unpopularity" and "dis repute" upon' the bar especially "th6 appalling ignorance and in competency of the younger mem bets of the bar." I squarely challenge the truth of that statement. The responsi bility would be more truthfully put upon the older members of the bench; for never before have so high qualifications for. admis sion to the, bar been required by the several states. t Mr. Condert again errs in speaking of the qualification p the judge where he says "the functions of a judge are not diffi cult. A fair professional train ing, sound 'common sense a'nd willingness to work are suffi cient." I maintain that the functions of a judge'are difficult. vThere is no higher type of genius required in any public service than in thelfd ministration of justice. A fair professional training is not suffi cient. He should have 'high pro fessional training. Wlllingness' to work is not enough. There must be capacity to work. I have seen many a judge toil along like & pack-horse plodding through a case 'lor 10 hotfrs a day without any conception of the cardinal tissues of the case. He has. willingness tcwork, plenty of it, but lacks -real efficiency in work. Who pays the fiddler ?'-The people who have the litigation must pay-their lawyers and their incidental expenses, and the pub lic, pay the jury and official- sal- Tt : C1,1 C 4-U n..'K1? ' service today that affords greater opportunity ior lmuauvc ttiiu originality, for making new pre cedent supported by "common ense and common justice in the interest of equity and economy, than is presented to the average trial and reviewing judge. If there be lack of efficiency in the7 discipline of the home, the probabilities are that the fault is ju tmmm&nt it i