Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1888-02-07
COURTS OF CANCELLATION.
An Institution Which Hns Had n Useful
Career In Europe.

An Institution Which Has Had Useful
Career In Europe.
The system of the courts of concilia-
lion, rs in force Ia Denmark. where IL
has had the longest and most thor
ough trial, is briefly this: Each local
community is authorized 10 choose n
tribunal called a court of conciliation,
which consists generally of ono judge
and two assistants These are select
cd with reference 10 their qualifica-
tions to compose disputes and for
their high standing in the public con-
6dence. This court, so constituted,
has jurisdiction Of every complaint up
on which civil action may bo based;
and no such action. will be heard in
any of the regular courts of justice
until it appears that the case has first
been laid before the court of concilia-
ton. and referred. by disagreement
to the ordinary municipal, county or
district court for trial. Thus overy
cause out of which an action might
arise. except in criminal cases, comts
first before the new body which it is
proposed to organiza.
The proceedings in this court are in
the nature of formal attempt 10
arbitratc. The principals to tho ac-
ton appear in person and not by
counsel. No lawyer except those on
the bench have any thing to do with
the matter Plaintiff and defenda ant
tell their own stories in their own way
TO the court. and witnesses may be
called in. If necessary. When the
case has lecn heard in full, the court
renders its decision. II this Is ac-
ccptcd by both parties, Tho dispute is
ended. the quarrel is settled as by
arbitration. fees and feelings are
saved, and the judgment so accepted
has tho same force and effect MS a
Judgment in any of tho ordinary
courts of law. II. however, the
decision is unsatisfactory 10 either
party, he can appeal TO the regular
cglrt. In this case it has been found
to work well for tho composition of
suits 10 require each party to
file n written statement of n judg-
ment which ho would consider fair
and reasonable. This is kept sealed and
secret until the next court has passed
on the issue. Then these offers arc
opened and, II it is found that tho
plaintiff RECEIVERS by his persistent suit
as much or more than he offered to
take, before the court of Cancellation.
he should bo entitled to all his costs; IL
ho recover less, then he should pay
the costs of tho defendant II the
Judgment is for sum between tho of
fers of tho two parties, each pays his
own costs.
The popularity of these courts and
the excellent results of their establish
ment make it seem strange that they
have not been copied moro generally
by all enlightened nations. 1t appears
that, in the five years from 1871 to 1875
inclusive, there Yero 1l6. 4S3 cases
brought before courts OF conciliation
in Denmark. or these, 74.742 were
rcconciled and adjudgcd. Be-
tween 1876 and 1880. there were
100. 836 cases presented. Of which
12l, $40 were settled before those
courts. and only half of tho re-
mainder were ever carried TO actual
litigation. 1t thus appears that by
means Of this instrument of reconcilia-
tion, about Gve-sixths Of all the dis
putes arising in the Kingdom of Dem
mark are kept from final trial in the
regular law courts. An economy.
financially and morally. so remark
able as this would warrant n more
comprehensive reform than the simple
establishment OF an authorized tribu-
nal before which two parties at a
misunderstanding can present their
grievances as man TO man. In the
adjustment of labor disputes. these
courts are simply invaluable. BY
means of them alone, in fact, may we
expect 10 SEQ arbitration elevated TO tho
dignity of common method of legal
procedure. Courts of conciliation
ought to DO found hereafter rs part
of tho legal and judicial system of
every progressive State. ST. Paul
Pioneer Press