The daily gazette., 1877-11-21
Arbitration VS.. Litigation.

From the Phila. Chronicle.
The Board of Trade of this city has
established a ''court of arbitration" for
the settlement of business differences
the aim of which is to prevent litigation
and to save the time aad mouey of mer-
chants by prompt settlement of the
disputes which will arise when men are
actively engaged in trade and each one
earnestly seeking his Own advantage.
This court will have no legal authority
and cannot bind those who submit their
disagreements to its judgment, but its
moral influence will be great, and large
amount of vexation, loss and delay will
be saved by those who will accept its
decisions.
1t cannot be doubted that nine times
out Of ten it will decide cases as Justly as
legally established Court could do, for
many of the tricks and experiments to
which crafty lawyers resort for the pur-
pose of defeating justice, will not permit.
ted in this tribunal. 1t will, in fact be a
court of equity, from which all "sharp
practices" will be excluded, and judg-
ments given in accordance with common
sense views ofthe cases presented.
That the merchants have done well in
establishing a court of friendly arbitra-
tion cannot be doubted; but would IL not
be equally well for other classes of the
community to fellow their example and
get rid of that dreadful evil, "the laws
delay" which in SO many cases defeats
the end of justice. In cases where the
wronged individual is put of. as some-
times occurs. to the end of his life, as
much wrong is done as if an unjust deci
sion were at once rendered, and the an
noyance, loss of time in attending Court.
expenses of counsel, ETC., are to be added
to the injury. Our civil code az now
administered does does no credit To our
civilizations and the waste iL causes might
| be to great extent mitgated by the
arbitration of dislnterested persons.
Many cases occur in which the amount
at issue is not great, and The course of
action more matter of Indignant or ma
l1elous feeling than an earnest desire to
have justice. The possessor of small
means will sometimes endorse WRONG
because he cannot afford a protracted
lawsuit with wealthy antagonist, In
such case there is no real equality
before the law" but an arbitration hy
three candid men would render iustice
more certain.
In some religious sects litigation be-
tween members is forbidden, and if the
principle were extended to all their
nelghbors, more friendly feeling would
prevail among them. Litigation is pro-
hlbited by the teachings of Christianity.
and 1t is somewhat strange to see men
VINO profess to be Christians, and whose
common sense should teach them that
their own interests will be promoted by
avoiding legal strife, will, to crafty vIn-
dlctlve feeling, appeal to the Courts ra-
ther than submit to the Judgment of fair
minded men.
A desire somewhat akin to that which
lmpels men to risk their money at the
gaming table is In some cases the incen-
tive to litigation. The hope of winning
overcomes the fear OF loss, and the de-
clslon OF a court is looked upon as a
gamblers stake. This is morbid form
of aVarice which the community should
discourage.
There Is so much good sense shown bv
The Board OF Trade in establishing this
court OF arbitration that it should meet
universal commentator, and men in
other departments of business sbonld
profit by the example.