New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-11
NO MISUSE OF GRAND JURIES.

NO MISUSE OF GhAnO 0SAaDD.
The elevated railroad companies in their
present use of TIE District Attorneys office are
playing Desperate game that has worse look
with each new development of the scheme
The Grand Jmy is an institution that was
never intended and cannot be allowed to be
prostituted to the qualification Of personal
malice or to ENABLE defendants in civil suits 10
invoke the mighty arm Of the criminal law 70
crowd their opponents out Of court The pres
emit proceedings against reputable attorneys are
not intended I'm the interest Of public morahy
OF justice, bull solely to make it Impossible 1or
the courts to, proceed with the speedy t1ai Oh
causes for damages to owners along the nne
of the elevated railroads.
The indiscreet statement made by soma Oh
the District Attorneys assistants as an excuse
for these proceedings that If the agreements
with attorneys suing the companies can be de-
clared chslmpertous, such result would Legally
put an EN- d to the civil suits for damages, while
it is declared by the best authority to be un-
true, shows the real purpose of those extraor-
binary and unprecedented proceedings tha1
were begun suddenly in the Criminal Coure
House last week If it were true, would it not
to baae his action upon2 These attorneys,
some ,of whom are of the highest standing ana
character, and all of when appear certainly to
be reputable, insist that their agreements with
their clients are those that are recognized Dy
lawas proper and according to precedent estab-
lished by the most eminent members OF the
profession. But even if they were not, and
were actually unfair and illegal, it is the client
that has been harmed, not the railroads. In
fact, in nearly, If not quite, every case that
has ever arisen in this State in which the com
pl aint of cbamperty has been made, it has been
made by the client and not by third party.
Ut has been in the efforts of the courts to pro-
&ect clients against extortionate or unreason-
liable demands of their attorneys that the adj
Indication on the subject has been had, and tho
courts have enumerated the principles that
govern the matter. Here there is no complaint
OH the part of any property owner that his
attorney has done anything unreasonable or
unconscionable. On the contrary, In this class
of litigation, which involves large number OF
claims Of the same general character and In
which lawyer who has once made himself
familiar with the subject can carry on many
suits at the same time to greater advantage TO
clients than single suit can be carried on, 1t
is generally the case that compliments prefer
to make contracts with lawyers for contingent
fees, and they think that it is to their adyan-
tage 10 do SO. The same thing was true in the
assessment cases, hundreds OF which were
brought by eminent lawyers Of this city upon
contracts for contingent fees, and in which
they agreed to pay all expenses, and in some
cases even costs.
But even If the railroad companies them
selves had grievance that the law would
recognize the DistEict-Attorney is clearly not
the person to institute these proceedings nor
the Grand Jury-room the place for the inveSti-
CATION to 60 on. According to all analogy and
precedent, the only proper course, If they are
acting in good faith, is for the railroad author
tiles to 60 into the police courts and there pro-
coed in the usual way, where those complained
against could have an opportunity to defend
themselves before iveparable injury is done
them, and where they would know whom to
hold to strict accountability for unfounded pro-
ceedings. Every one knows that If the attor-
neys in these matters have violated the law, 1t
has been a technical and not an intentional
violation. The elevated railroads doubtless
have no expectation of being able to convict
any one of any misdemeanor. But they have
hoped by sudden and unexpected action, and
with the cordial aid Of the District-Attorney's
Office, to procure indictments which would ao-
comphsh their purposes as well. But under
the guidance of our judges the railroads are
scarcely likely TO succeed in using the Grand
Jury for such purposes.