The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-05-29

what to me seems the most important
pillar of our grand edifice, we must
know why and proceed at once to re-
store and repair.
ITO sustain my proposition, as to the
growing tendency of juries in the teeth
of evidence, to take from him who
hath and give to him who hath not,
it is hardly necessary to cite proofs
within the knowledge of every judge
and lawyer and many laymen. As
just one instance, take the case of one
private corporation in this city, the
street railway companies. In 1866
when the cars were moved by horses.
the verdicts in negligence cases were
four, aggregating S16,15O. In 1892, be-
fore the change had been made to cleo
trio power, there were twelve cases,
and the verdicts aggregated $3O,6OS.
In 1886, when they paid $16,15O dam
ages, they carried 1877, ,012 passen-
gers, counting single fares. In six
years. while still running cars by horse
power, the damages almost doubled,
increased nearly 100 per cent; the in
crease in passages was, in round num-
bers, from. 1874 1000, 900 to 1S7OOO,OOO, an
increase of about 40 per cent. Then the
1896 the verdicts in negligence cases
reached $345, ,41050, the number of cases
being 11S. The passenger fares in
creased, however from 1S7,00O,O00 in
1892 to over 261, 900, 900 in 1896. The In
crease in travel was again about 40
per cent, in verdcts about 1000 per
cent. AS to this last astounding in
crease, 1t may be fairly assumed that
q. to, 1,,A . CO. haN
more powerful motor is the more dan
gerous one and that higher degree Of
care is required on the part of those us
ing it than was exacted in the use Of
horses. But, assuming that there was
an absence of care according to the
circumstances in many more cases
when the new power came into use
than in moving the cars by horses,
there was, in any fair view, it seems
to me, an increase in verdicts out of
proportion to increase of passengers.
The figures given l obtained from the
Department of Internal Affairs at
Harrisburg, from the court records and
from the officers of the railway COM
panies. have no reason to believe
they are incorrect.
"As / have said, trial by jury, If Il
be q fair and impartial trial of disputes
on evidence. must from its very ma
ture strengthen the administration Of
justice and add to the stability of free
institutions, but if it be perverted
from its object, the ascertainment of
truth into a means of promoting a re-
distribution of property without re-
gard to legal right, then eventually
| there comes revolution under legal
forms and the institution will be abol-
ished, thereby placing the admins
tration of justice further from the peo-
/ pie and consequently weakening their
| attachment to its forms, a result to be
| deplored by every friend of government
by the people.
FAULTS OF TRIAL BY JURY.
why does trial by jury in later
years, in cases involving the right Of
| property, so often fail to reach the
justice of the cause; so often fail to re-.
cord the truth? 1t is usually ascribed
| to the growth of soclalistic doctrines
| among the masses of the people, and
Its consequent presence in the jury box.
1t Is not improbable that this has some
influence in rare cases, but, from my
observation, juries began toswerve from
| the truth since the multiplication of
corporations, and their growth in power
and capital; habits of thought then
| began to change and the moral
sense to become dulled. The intan-
gible thing known as corporate life had
to many no Hfe-forgetting that the
corporation was but a huge partner
ship, Of which the shareholders were
members, they regarded ii as a life
| less thing, incapable of suffering loss
or of feeling wrong; they lost sight
of the fact that a wrong to the anti
fetal being was suffered personally by
individual members of 1t in proportion
to their holdings; that the humble the
helpless, the widow and orphan, must
each suffer his or her porportlonate
share OF every wrong perpetrated on
the artificial being of which they were
members
1t is not q growing deficiency in
moral sense, but an ignorant perver,
sion of IL; an active sympathy with the
individual complainant whom they SEE
and hear, and no sympathy with and
often a prejudice against the aggrega-
tion OF capital, which, to their senses
10 devoid OF personality. This pervert.