Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-06-02
From the Ra cine Advocate.
JUSTICES COURTS.

Tue JutSutCtiOu Ot JUSTICES OF Inc fedCe III
the civil cases, contending that such STEP
| would prevent the poor man from enforcing
the collection of debts under fifty dollars, and
seeming to think that moments reflection
would convince any person that such a
course would be productive of unmixed
evil.
We can only say. that although we may
be wrong, we have bestowed not only mo.
mens' but days ofreaection on the subject,
and have also made numerous enquiries "a
mong poor men as TO the effect of The pres
emf laws OF collection; and both reasoning,
and the results of these enquiries, convince
US of the great benefit that would be
obtained by abandoning the present sys>
lem.
Many intelligent men refuse to sue for
small debts, on the ground that they cannot
afford it; and unless the debt is very near
the amount of fifty dollars, it is IN nine ca
ses out of ten a loss, even when recovery is
certain, and the debt can be collected
Loss oftime by adournmens, by actually
trying the case, loss Of expense by fees TO
lawyers, the trouble Of hunting up witnesses
and by the many other unavoidable annoy.
ances, make even success Of doubtful bene.
III, while losses by want Of witnesses, by the
forgeiiulness of witnesses, by accidents of
of various kinds,and there are many of them
combne to make many other suits greatly
detrimental TO both parties Besides this,
we all know, that Of the many executions
on the dockets Of our justices, few indeed
are ever satisfied by the paymen, ofthe sum
recovered, and Of those few, a majority are
paid at so distant date, that the plaintiff,
had he known how long he would have
been obliged 10 wait,would never have com.
menced the suit.
OF the suits iu Justices courts, many are
| commenced in moment of passion, and
aba'e when the passion has cooled off
Many get to judgment, it is true, but no
farther, because the plaintiff finds he can.
not collect ifhe tries. The dishonest man
can almost always get rid Of paying, while
the honest man will almost always pay as
soon as he can without snit. The truth is
that the whole system has proved failure.
These courts were instituted for the benefit
perhaps, Of the poor man, but they have
proved failure, and only assist others,
while they njnre him.
The editor Of the Gazette seems TO think
that an appeal to the honor Of employers
would be little avail in any case. There
again we differ from him very widely. We
believe that now such an appeal is turtle,
because az an answer has become so PIT in
such cases, and it is-'Well you have your
remedy, there's the law and very poor
remedy il is. Let there be no remedy, and
men for their own sakes will look more TO
the character they might obtain from their
laborers. They would feel, that unless
they had the reputation of dealing Justly,
they could never cammand labor at the
time when it would be most valuable to
them, when all things were hurried. They
would seek 10 maintain high character for
punctnalty and justice, knowing that it
would enable them TO have work done with
greater punc,ualty and truer economy.
1t is well worth noticing, that the greats
er legal restrictions you throw around men,
the more they neglect the simple commands
ofiusiice and honor, and satisfy themselves
with living up TO The mere letter Of the law
Where they can legally evade payment,
they will, where they can even put off one,
they do so, and even when they feel the in
justice OF their conduct, they apologize by
saying, that 1t is TO punish the man for hav-
ing sued them; and that as the plaintiff took
advantage Of the law TO collect his debt, they
have right to take advantage Of the delay
the law allows to put Of The payment.
But the strongest proof Of the inefficacy
of these courts, is the reluctance with
which (even now, when men have no other
dependency the best of our citizens APP
proach them. You may seek out every
good man in the country, every man who is
willing TO pay when he owes, sure to satisfy
all by his punctuality and woremanshp.w ho
is noted as an excellent citizen, and as a
prudent, cautious man, getting along in the
world well, and you will find him the man
who refuses TO resort 10 these petty couris,
prefering small loss in money on settling
a demand, TO a large one in time, and we
must say i.,also in character. Now the pig
headed ltigous ielow,who never gets along
in the world, and never gives satisfaction in
any job he performs.is always the man who
resorts to these courts, who will never give
up his rights, however doubtful they may
be TO others, and who will never pay, until
eighteen men have declared be must, and
who will even then boas. that he can 'bea,
the plaintiff on an execution he is the man
who is admirably suited with small deb
courts. 1t gives him an air of Importance
an excuse for being extremely busy in do
ing nothing, and frequently teaches him in
tine few terms Of practice, and few
tricks to stave off suits, that enable him &c
talk as he thinks very learnedly abou: law
ard tina, in the end bring him into a scrape
that gets him laughed out of town, TO run
the same career in some far off place. He
learns at last the truth of a French saying,
that ''a man may be more cunning than hi:
neighbor, but it will trouble him TO be more
cunning than all his neighbors."
We consider then, small courts as a nui-
sance We consider them alike injurious
to the public, and to the legal profession
We would like much TO see them done a.
wey with, and we know we shall see that
We would prefer Wisconsin should sci
the example, for we know she will follow
ii when set; and that will be before much
time has elapsed.
Courts of Chancery generally refuse TO
take cognizance Of suits when the property