Morning journal and courier., 1883-01-15
Monday, Jan. 15. 1883,

REFORM IN THE JUSTICE COURTS.
 Many salutary reforms have been adopted
 during the past few years in the judiciary
 system of this State and more are being agita. l ted. But thus far efforts in this direction
 have been entirely confined to the higher
 courts It seems to us that the lower courts
 need reform much more than the higher
 ones. Especially is this true of the lowest
 branch of the judicial service viz., the jus
 tiees of the peace. It is fact, well known to
 the bar and to those who have been unfortu-
 nate enough to be sued before their courts,
 that the justices of the peace, almost invaria- 1 ply decide for the plaintiff, and that defend.
 ants, if they expect to get justice, must take
 an appeal, and often pay more to get their ] rights than the amount involved in the suit A country Dogberry once gave the following
 reason for this very simple and beautiful mode of procedure "The plaintiff wouldn't
 bring suit unless he had B case and then
 the defendant can always appeal" The force
 of this excellent logic is somewhat diminish ed by the fact that the defendant might actu- ally defend because he has a defence, and
 that the plaintiff can also appeal And we re- gret to say that it is generally believed that
 the justices of the peace do not favor the
 plaintiff on the broad and philosophio grounds
 above stated. but for more interested reasons
 The town of New Haven elects fifty six of
 these useful magistrates, and such is the
 abundant wisdom and generosity of the law that the attorney of the plaintiff may select any one of the ifty-six before whom to bring his cause, and may sue before him if the client lives in New Haven, a defendant from any part of the State If among these fifty. six the counsel has no political friend on whose sound discretion he can de. pend, it is most likely because he has failed to attend the primaries, and to properly cul tivate the art of politics. A few years ago lawyer in one of the country towns in this county brought all his cases before his brother. It has been by no means an infre- quent occurrence for two lawyers who were | also justices to bring their cases before each 1 other, the convenience of which arrangement l is too clear to dispute, as it obviously relieves the practice of the law of all it's prover- bial uncertainty The justices charge their fees to the plaintiffs attorney ssho collects Though these fees are seemingly too small to tempt the judicial soul, nevertheless it is commonly believed that justices do favor the plaintiff in order to induce lawyers to bring cases before them.
 Of course among the justices of the peace there are many honorable exceptions to what we have said, but it is no exaggeration to say that our system of justice trials regarded as whole is very corrupt. Taken in the indi viduaI casa thia abuca Ia narbapc oD,oII ooo l but taken in the aggregate no greater abuse exists in the State. It may bs in some de- gree measured by the fact that not less than two thousand justice cases are annually brought in the town of New Haven alone ]
 Why legislature after legislature suffers 'his farce to continue is difficult to see An appeal is allowed from the judgment of { justice, no matter how small it's amount. This was not so years ago. It is not so now because an appeal is good thing In itself put because it is felt to be necessity in or { fer to obtain justice. It would be hard to give good reason why two successive tri- ! ounals should pass upon the same state of acts unless it be that one of them is incom- 'etent court is greatly needed in this State where small cases can be fairly and inally determined. Just such court exists : n Massachusetts. There justices of the 'eace have no civil jurisdiction. That State C s divided for this purpose into small districts g where courts gre held by salarisd judges Vho are generally lawyers. This system has ' .iven entire satisfaction to the bars and 10 q tutors in that State. We see no reason why ' cannot be adopted here. Certainly some ' hange ought to be made.