This change, though perhaps to some extent necessary, was attended with very bad consequences. Freed from the control of the contending parties and of the public, the courts acted as uncontrolled human nature generally does. Injustice, extortion, bribery, and corruption assumed gigantic proportions, and against these evils the Government found no better remedy than a system of complicated formalities and ingenious checks. The judicial functionaries were hedged in by a multitude of regulations, so numerous and complicated that it seemed impossible for even the most unjust judge to swerve from the path of uprightness. Explicit, minute rules were laid down for investigating facts and weighing evidence; every scrap of evidence and every legal ground on which the decision was based were committed to writing; every act in the complicated process of coming to a decision was made the subject of a formal document, and duly entered in various registers; every document and register had to be signed and countersigned by various officials who were supposed to control each other; every decision might be carried to a higher court and made to pass a second time through the bureaucratic machine. In a word, the legislature introduced a system of formal written procedure of the most complicated kind, in the belief that by this means mistakes and dishonesty would be rendered impossible.
It may be reasonably doubted whether this system of judicial administration can anywhere give satisfactory results. It is everywhere found by experience that in tribunals from which the healthy atmosphere of publicity is excluded justice languishes, and a great many ugly plants shoot up with wonderful vitality. Languid indifference, an indiscriminating spirit of routine, and unblushing dishonesty invariably creep in through the little chinks and crevices of the barrier raised against them, and no method of hermetically sealing these chinks and crevices has yet been invented. The attempt to close them up by increasing the formalities and multiplying the courts of appeal and revision merely adds to the tediousness of the procedure, and withdraws the whole process still more completely from public control. At the same time the absence of free discussion between the contending parties renders the task of the judge enormously difficult. If the system is to succeed at all, it must provide a body of able, intelligent, thoroughly-trained jurists, and must place them beyond the reach of bribery and other forms of corruption.
In Russia neither of these conditions was fulfilled. Instead of endeavouring to create a body of well-trained jurists, the Government went further and further in the direction of letting the judges be chosen for a short period by popular election from among men who had never received a juridical education, or a fair education of any kind; whilst the place of judge was so poorly paid, and stood so low in public estimation, that the temptations to dishonesty were difficult to resist.
