The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-27
CAN A POOR MAN GET JUsTrcE7

presenting any facts or reasons in sup
port OF this view that are not disproved
by the knowledge and experience of all
who are well informed on the subject.
Indeed, his own views seem to be some-
what shifting. In his first communion
ton on the subject he said a poor man
stood no chance whatever in q suit
against a wealthy corporation, eff We
consider the laws delay, the advantage
taken of technicalities. legal hair-split-
ting. and frequently monetary influence
which is brought to pear in the interest
of the wealthy client" The reference
to monetary influence is implied cor
ruption on the part of courts. In a
second communication Mr.. Stechhan
says. 81 do not wish to imply that our
courts are corrupt" Then he should
not have implied it. He adds, "nor do
l believe thatthe fault lies entirely with
laws. though they generally favor
the capitalist" 1t is no more true that
u laws generally favor the capitalist
than it is that our courts are corrupt. A
majority of the voters in this country
are men who either pay nc taxes at all
or very little. They are the ones who
elect our legislators. Nobody knows
this better than legislators themselves,
and he would be. a bold one indeed who
should dare to support a measure favor
ing the capitalist as against the poor
man. No legislator would do this I'M
1ooo ha -anfaI 20 anA his nalftiro1
career at once and forever. Far from it
being true that our laws generally
favor the capitalist" the whole trend of
modern legislation has been steadily In
favor of the poor man.
Mr.. ~Stechhan's present position is that
"the necessary steps to be taken by a
client in a lawsuit of any Importance
present so many obstacles and are sur
rounded by 80 many Objectionable feat
ures that in nine cases out of ten
the poor client refrains from making
the attempt to secure Justice in the
courts This is mere assertion and
generality. For specification it is as
serted that the poor man cannot afford
to employ a good lawyer; that "no law
yer of reputation will take q case on
simple promises, based on the outcome
of q contemplated suit" that "the poor
man cannot afford to give bond for
COSTS" that he cannot afford to lose his
wages by attending q prolonged trial,
and that he would always rather COM
promise his claim, no matter how meri-
~torious it may be. than 60 to law. Some
of these assertions are easily d%isproved
by facts. while others are purely fanci-
full. 1t is not true that a poor man ever
has any difficulty in getting a rood law
yer to take his case if he have a good
one. There are too many good lawyers
competing for business nowadays to let
O good case go begging for an attorney
to prosecute it. The assertion that mo
lawyer of reputation will take n case on
simple promises based on the outcome
of the suit" is very wide of the trnth.
Cases are constantly taken by lawyers
of excellent standing on contingent fees,
that is, on promises based on the out
come of the suit. There is not a term
of court that such suits are not filed.
There are a number of such cases pend
ing now. and there are some firms in
this city that make q speciality of bring
ing suits on contingent fees. If q poor
| man have a good case he is more likely
to be embarrassed by the number of
lawyers anxious to bring it than he ia
by the difficulty of obtaining an attor-
ney. II Mr.. Stechhan knows of a poor
man in this city who has a good claim
against any wealthy corporation, firm OF
individual for damages to person or
property. the Journal will undertake to
furnish the names of a dozen good law
yefs who will take his case on a contin-
gent fee.
But if a o % man cannot get a lawyer
to take his case On a contingent fee the
court will assign him counsel. Section
260 of the Revised Statutes ia rs follows:
Any poor person. not having sufficient
means TO prosecute OF defend an action,
may apply to the court In which the action
is intended to be brought or is pending, for
leave 10 prosecute or defend as q poor per-
son. The court. If satisfied that such per-
son has not sufficient means TO prosecute
" Wv nv
plicant to prosecute or defend as o poor
person. and shall assign him an attorney
to defend or prosecute the cause. and all
other officers requisite for the prosecution
or defense, who shall do their duty therein
without fee or reward therefor from such
poor person.
This provision is distinctly and ex-
clusively in favor of the poor man.
Again it is asked. "What poor man is
able to give the necessary bond for
costs7" There is nothing at all in this
point. The cases in which a plaintiff is
required to give bond for costs in a
lower court are rare and exceptional,
and if Judgment goes against any per-
son worth less than 5000 he can always
file his schedule and claim exemption
from payment of costs, as of any other
debt. Here. by the way. is an instance
of legislation distinctly in favor of the
poor man. The exemption law. which
makes a person owning less thar six
hundred dollars worth of prop
erty absolutely bomb-proof against a
sale on execution or any other final pro-
cess from a court. In ordinary suits for
damages on account of injury to person
or property no bond for costs is required.
As for the loss of time and wages to the
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