The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-12
Magistrate McCurley Discusses
Justice Court Abuses.
eLAMEs THE PRESENT LAWS
Dut D0ubts the Practicab2Iity OF fhe
Reforms PrOposed - LihsHhss
Themselves Responsible for some
Of Their Troubles--Hew 'e"iiec-
tfOn" Lawyers Handle bad Deo's-
Jssttee McCurIey's Own Defense.

The y!egs Of an cutslie justice OF TIE
peace, who Is willing 10 discuss from toe
standpoint Of those officials the present
abuses In the justice co1E-t practise N ring
County. are contained In a letter written
to tbs Post ntei5xsncer ~ Justice ~. .
Mc(.uriey. of Columbia precinct.
While Mr. MccarIey does not agrees with
ahe Fasr-snteiiigsneer IN all il haas said IN
ffs campaign against those abuses. ile aa-
Iaisx that there have been sgrozs ouirazss
upon justice perpetrated in the courts nssEi-
toned. and wsiile not inaorsiDg the re-
Storms Suggested. barss bis refusal upon as
sbeiicf that they would not accomplish the
purpose Intended
Personally. AIR. Nccurley says he has no
knowledge Of the alleged sure thing meth
dds xsraetscsd By other justices i'm colius-o1
with collection lawyer In mis- cwn court.
he states. no sueE practices have ever OBJ
tanned. In his own case, ne bEnloFoAsty
writes. the initials y. p" have nsser
ssood for Judgment for tins plaintiff IN
every case.
The one ohafEe made hy the post-intei-
ligencer which Mr.. AIcS'urIey thinks Is
without foundation. Is that the best lawyers
do not practice IN justice courts. To prove
be Is right he cites a long Est OF leading
attorneys who have practiced before him.
IL was not the Intention OF the Poki-in-
teiligencer 10 state hat the best lawyers
the Poss-Iuteiligencer did not say 70. Ii
r. said merely that the best lawyers do net
as 4 rule practice in courts not OF record.
and on this question there Is no room for
argument.
The following Is ar extract from Mr..
McCuriey's letter.
II do not know what the records OF other
though l have always been pretudicsd
with the rest OF the public against justices
Of the peace on general principles. 10 tell
the truth. my experience IL that about 80
per cent Of the eases begun in Justice
courts are on accounts. generally of long
standing. which. II defended at all, are de-
Tended on some teehnicaltys and a. the
average Justice does not know much about
legal technacaltiss. such defenses usually
fall before them.
Take Ii Out ON the Justice.
THESE claims are usually 50 Old that a
feeling has risen between the debtor aud
creditor over the matter and the debtor
gets mad because he is sued. ana tEe
get him his money in spite OF law and
exemptions. hence tho Justice is regarded
~ tho common enemy Of mankind. and
made the but, OF Jokes In legal pubilcs-
tons as We'll as IN other periodicals.
Again, IL costs & justice fees To start
. salt before the city justices. al least by
giving that amoen. OF fees in advance Re
fore an outside justice il only requires s.
cents to start q suit: s cents for fling conf
plant or veriflcation. = cents fer docket
ing cause .sI.a Is cents for issuing notice
or summons and In case or settlement IS
cents for entering order of settlement
There have been many gross ouirages
FArp1frAtEd upon the poor class In itisficr
courts TO my own knowledge. and some
krea; ntAstices in my own court but
there has been no fault excep: By the par
ties themselves To Illustrate: A wood
nauisr sued lahornr man before me for
N7a for hauling wool The niajntfr an
peaTed In court at Columbia with his Wit
neszes and an attorney. The defendant
appeared To defend his own case, and had
his vile with him for a witness. The ca 81.
proceeded TO trial. and the plaintiff proved
he had hauled the wood at the stipulated
price. and that the same came 10 81 -.
ahe as ~ der vent upen he stand and
made any tender OF the amount. though
he had been frequently 3unned.
Hut One Course Ia Pursue.
There was but one course To pursue.
ana that WIS 70 render Judgment for the
plaintiff. This carried with IL s. attorneys
Zee - Justice fee, fi.eo constabie's fees and
sac witness fees--a total of siss5 There
being no appeal. the plaintiff took out an
execution. and as the defendant was work-
,Ig he bad garnlshme!a issued against
MS employer also. The defendant was so
indignant that neither ne nor his e,nnoysr
the garn.shee. paid any attention 20 the
Earnishment proceedings. No one APP
peare.f IN answer TO the garnLshment and
judgment was entered against the gar.
nlshee for ali tha original Judgment and
costs and the costs OF the garnlshuent pro-
cssedings. which ran the siim up 10 over
An execution Was issued on this iuslg-
ment. which added further costs and ;he
garnishee VAS compelled 70 pay the whole
! Was afterwards Informed that he tnok
wages.
There have been other similar cases be.
fore me which ! co,iid not help. Ia. tle.
4. 81 -
cf their rights OF exemptions Under the ia.y
and now lay all the &lsrne on the justices
Tney tell II ~ tae.r aown way ana n,aks
ire ftsfIeA. N. lawyers and everybody elxs
connected With Tire matter swindIsrs anf
cheats. In nine-teuihS of the eases it Is fhs
rsuls of Sifne dereact dehtnr. who fro,r
misfnrtnne ar pFeme1itatsa intent Ia rs,eal
delays the raTnlonl Of hllf un!t h.. fsF9.
that Il Is eutiawed. or gets 80 thinking us