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The Attacks on the Courts and Legal Procedure, 5 Kentucky Law Journal 3 (1916)


One can not discuss the subject for tonight without considerable embarrassment. The embarrassment arises from the danger of being misunderstood in what one says in criticism of our present judicial system and its workings, and having his criticisms used for purposes and to sustain views which he would be the last one to approve. The loud--and I may say the blatant--attack upon our judicial system for the purpose of bringing about dangerous changes, instead of removing the grounds for real and just criticism, will only increase the evil that justifies it. In order, therefore, to make clear what I have to say, I shall first take up and answer the attacks upon the courts that are not only unjust but dangerous; and then state the real ground for criticisms of their work and suggest what it seems to me, would be effective remedies.

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