Omaha daily bee., 1893-09-08
Il COURT.
How Railroads Riveted n Cinch on the
Courts of Illinois.

How Railroads Riveted n Cinch on the
Courts of Illinois.
Chicago Herald: Failure of the legislature
to pass any law directly inimical to railroad
or other powerful corporations has left the
poor people of this state more abjectly than
ever at the mercy of these remorseless
organizations. They continue to take life ut
grade crossings in collisions caused by the
criminal negligence OF their agents and in
consequence of their own niggardliness in
providing adequate safeguards, mechanical
and human. If they take life the highest
sum a jury can assess is 5000. From that
verdict or any less than that they can appeal
to the appellate court.
The plaintiff is generally poor. He has
not, or his wretched orphans and widow
have not, the means wherewith to pursue
the defendant TO the end of the judicial road.
Lawyers must live by their profession. If
poor people hire them they must pay for pro
fessional service. The problem now is to Sc
cure justice for poor people, at least approx
imately, without the interpositlon and con-
sequent compensation of lawyers.
A fine piece of work was done by corpora
ton AGENTS in the construction of the appel
late court of Illinois. Its magnitude and sig
uiiicance have thus far escaped appreciation.
LII u jury give III a damage. case n higher sum
to the heirs of a victim whose life was taken
or to the victim himself, in cases OF bodily
injury. than the corporation be disposed to
pay, the corporation takes the Issue to the
appellate court. That court, on a ques-
tion of merely improper instruction by
the trial Judge, may set the Judgment
aside; but If the reversal be against
the plaintiff q he cannot go over
that court to the supreme court, while the
defendant, If the reversal be against it, can
go over the appellate court TO the supreme
court and drag the poor plaintiff through
another year or two OF want. When at
length the case is settled a large proportion
of the cash finally collected must go for
counsel fees and costs.
Can any rational and honest mar under
stand why the corporation should have this
second right of appeal and the Individual it
has injured or ruined have not the same
rlghta A shrewder Dit of corporation law
making never was accomplished.
WHAT'S wanted for the simpliication of
such suits is a peoples court without law
yers. Under the new statute covering costs
of beginning suits, il a plaintiff swear he is
too poor to pay the $40 required he Is en-
titled to have his case entered without cost.
This Is a sound principle under our constitu-
ton, which declares that every person ought
to obtain by law fright ana justice freely,
without being Obliged to purchase it, com
pletely and without denial, promptly and
without delay"
But the constitutional maxim lacks com
plete fulhllment. There ought to be one
court in every county where a layman can
state his own case, present his witnesses at
the states expense FOR examination by a just
and fearless judge, and secure justice with
OUT Ine present cum oerSolhe, COSTLY ana dila-
tory process. The public administrator or
some person acting in such capacity should
be the representative of plaintiffs who make
oaths that they are paupers and cannot hire
counsel To prosecute their rights. Tn pre-
siding judge should be an interlocutor OK all
parties, seeking only truth and Justice i'm
partially between them.
In case the parties TO such actions before
such n court preferred reference of the cause
to a board, say of three arbitrators, the find
ing Of such a board should be final on both
sides.