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In a long and angry footnote to his opinion, Judge Hough had lent the weight of judicial condemnation to such criticism.

`` It is a duty '', said Hough, `` not to let pass this opportunity of protesting against the methods of taking and printing testimony in Equity, current in this circuit ( and probably others ), excused if not justified by the rules of the Supreme Court, especially to be found in patent causes, and flagrantly exemplified in this litigation.

As long as the bar prefers to adduce evidence by written deposition, rather than viva voce before an authoritative judicial officer, I fear that the antiquated rules will remain unchanged, and expensive prolixity remain the best known characteristic of Equity ''.

Observing that `` reforms sometimes begin with the contemplation of horrible examples '', Hough catalogued the many abuses encouraged by existing procedures.

He cited the elephantine dimensions of the Selden case record ; ;

the duplication of testimony and exhibits ; ;

the numerous squabbles over minor matters ; ;

the `` objections stated at outrageous length '' ; ;

and the frequent and rancorous verbal bouts, `` uncalled for and unjustifiable, from the retort discourteous to the lie direct ''.