The advocate., 1890-10-15

this delay are the wealthy lihgants and the
corporations When their case Is an honest
controversy, they may at times be some
what annoyed by delay, but they are not OPP
pressed by IL, because they are strong
enough 10 stand II; and they often prefer
the delay 10 a speedy hearing, because they
can profit by 10. A considerable part of tho
corporate litigation in the supreme court is
there because OF tho delay and an a part OF
the wearing out process against their weaker
opponents. Unless a satisfactory oompro-
misc is sooner reached, they pursue oppos-
ing litgants through all the courts as a mat
ter of course. A poor man with a Judgment
against a railroad company bank, insur-
ance company, or other wealthy corporation
or individual, will compromise for a much
smaller amount rather than endure tho pres
ent long delay in the supreme court, The
corporations have their salaried lawyers and
their organized law departmentsi their
money is in constant use and is worth 30
them the interest that the Judgment draws,
and they can therefore afford TO appeal and
tic the case up for two or more years, even
II they know that they must finally pay che
judgment. When the poor man or man of
average means gets his Judgment against
the wealthy man or corporation, ho must
face not only the certain delay In the su-
preme court, but also a chance Of a reversal
of his judgment and then a new trial and an
another appeals for il must be remembered
that the supreme court is boundby the cold,
written record of the trial. II does not 500
the face Of the patiently waiting defendant;
IL cannot consider his condition and his
wants, and IL must often for pure legal
error reverse just judgment. Under these
circumstances is IL strange that needy men,
and even those who are not needy, will COM
promise their rights rather than follow their
cases beyond the trial Court2 II is a.reason-
able proposition that the railroad corpora
tions of the state, whose roads extend into
nearly every county, with law doCkets as
large as those OF the courts themselves, with
large and expensive law departments devot-
cd entirely TO their own litigation, can and
do save a very large amount OF money by
compromises that they can secure from
their more helpless opponents through this
long delay in the supreme court. When
such profit can be gained tho court is un-
willingly and helplessly rendering a service
for which IL was not intended. Such profit
is always at the expense Of consequent
damage to the opposing party. Such con-
dition Of the appellate court as renders pos
sible this unjust and iniQuitous profit is
especially TO be deplored in view of the fact
that the only parties who can take this ad-
vantage are the wealthy and strong, and
that the parties who always suffer the loss
are the weaker and more hopeless.
It is sometimes suggested that the long
delay in the supreme court might be a relief
to the impoverished or helpless man against
whose farm or home a mortgage is being
foreclosed-that he can appeal from the
judgment of foreclosure and take his case
up for delay, and thus prevent the sale of
his property for two OF three years This is
a mistake. The poor man cannot secure
himself in this way. Before the sale Of his
property will be stayed, a good supersedeas
bond must DO given which calls for the final
payment OF the judgment and of the value
of the use and occupation of the property.
The Judgment draws z per cent interest all
the time, an attorney must be paid for TAX
ing the case up, and the cost of tho record
TO be fled in the supreme court must be paid
for. He cannot appeal his case on these
terms. II he is we'll enough TO do TO give
the superSedeas bond and pay the expense
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