The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-10


CHANGE IN JUSTICES PRACTICE.
While the entire procedure Of the JUS
tice courts might be overhauied with
much advantage. the main defects.
! which have resulted In scandal. can be
rectifed by two very simple modiflca-
lions of the code.
The first OF these is comprised within
the principle "a precinct for every jus
tice. and every justice i'm his own pre-
ciuct:'' and the other In the provision
that any person may serve a summons
issuing from the Justice court the same
~ from the superior court.
There Is still one door open for admis-
sion OF some of the abuses which have
|, brought the justice courts into dlsre-
pute. IN order that no iitigant may
suffer injustice there is a wise provision
that a change of venue may be had.
With that provision left as II is, cases
1 could be removed from the city Of Seat
I tie TO one Of the outlying precincts, and
there would be- competition to get the
court established most nearly to the
Seattle court. Under the present code
the plaintiff. OF course. has no right to
ask . change Of venue. but IL he were
confined to that precinct within which
one of the defendants resides. he should
i have the same privilege as the defend
Ant has, as he Is allowed In the superior
court. That being the case. when an
Application for a change ia based upon
any of the statutory causes. the court
should have the discretionary power to
refuse upon an adverse showing. except
the one cause affecting himself
party asking q change Of venue takes a
serious responsibility upon himself
when ha makes an affidavit that he be-
lieves he cannot obtain an impartial
trial.
II that affidavit be made. instead Of
plaintiff and defendant and attorneys
and witnesses all being sent a long dis
.tance. It would be better TO provide tina,
the nearest Justice should be required
10 sit In the place OF the ineligible
Justice. He should be allowed his mile
age, and a stated sum for half ii day or
the whole dry according TO the length
OF the trial. Should he be needed on a
fnr ths,S
per diem must be paid by the parties.
the cost 10 follow other costs
In some states there Is what Ia known
Ms the poor mans suit. which is a more
gentle way Of describing the suing IA
torms pauperis. In such cases we would
have the fees ehareeahle to the county
% that the justice should not be ter,,nt-
cd by the prospect OF earning an ether
wise doubtful Zee, or biased by the fear
OF losing II.
The main object is 20 provide a court
IA which petty disputes may be settled
tmpartialiy. 81 far as human frafI,v
Viii allow. at the least possible cost Nh
law viii suffice 10 achieve this end
without an honorable bar. The Ipea,
profession will. no doubt. always have
Us auseks and shysters. hut IL bar as
Ueciasions keep watchfui eve they On
very materially further the END az i,s.
Gee and at the same time naaintasn The
siandara or the profession. It Is well
Understood that there are some cases
which do not admit If very large fees
and those who by necessity are eo4n-
PEELED 10 confine their practice In this
small business should ba regarded with
lenieney 50 iong rs they observe the
senerai ethics Ii may be said in 1us,i.
ncation Of many % the acts which have
brought justice courts Into disrepute.
that attorneys praetselng before them
are poor That consideration may serve
te Tolerate :heir departure from, IN.
usual method Of obtaining business. hut
II no mere tusttfies sharp praetisc ana
dsshonorabie methods than yssvsrtv
dees in any other occupation after Il y
obtained.
However that nav be. the end Of the
law IS To Furnish iuslice and no, e. r~o-
vide employment sov attorneys. This
community has suffered from a asnisr~
able condition ot affairs. and II Il
/, ameng the very poor that ;he victims