The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-28
THE JUSTICE OF THE PEACE.

THE SlSJ1aE Of The FEA1E.
The court of the justice Of the peace
is a very useful local institution found
ed upon good intention. It's vices are
the result of a peryersion Of It's pur-
pose. which was TO cheapIy and expe-
ditiousIy settle disputes over trivial
matters and deal with petty offenders.
to the end that peace Nigh, prevail in
the precinct
In It's earliest institution IL took q
much higher standard than the office
has today. and we may honestly pre-
mise by saying that the evils of peryer-
sion are much less marked in this state
than In many, and that the character
Of our justices is somewhat higher gem
orally. In Michigan recently. q lawyer
Of that state made an earnest appeal
for reform in the justices courts.
which he described as presenting there
a wretched spectacle Of ignorance. stub
borness and fayoritism
The office has had prototypes, but II
first makes its appearance in the reign
Of Edward Ill Of England. Queen lisa
bel. wife Of Edward H.. after succeed
ing in her extraordinary project of de-
posing her husband. removed him Sec
reilly from one castle to another in order
to prevent concerted attack The
people were much disturbed. the parti-
sans of the old king had local fights
with the partisans OF Isabel and the
young king, and, although there were
aheriffs. coroners, constables and tyth-
Ing men. these were without judicial
authority. The new officials were call
ed conservators Of the peace and keep
ers OF the peace, but a later statute
of the same reign made them justices
Of the peace"
In the eighteenth year Of Edward III
IT had become evident that stricter reg
uiations We're necessary. 1t was then
enacted that the justices of the peace
OF n county should consist Of zone lord
and three or four OF the most worthy
men of the county, with some learned
in the law" This seemed to contemplate
sort of county court. but the incum-
bents acted independently. BY the time
of Henry V. the office had fallen into
disrepute as ii often has since A law
was passed by parliament declaring
that because men of small substance
etous and contemplate. had crept in
to the commission, therefore certain
qualifica tons were required of every
one before he could fill the office.
The fee system has much to do with
the evils mostly complained of In this
country. 1t Is made a business to snli-
cit cases. and under the pernicious sys-
TEN by which an action may be brought
before any Justice in a county, great
wrongs are perpetrated. On the other
hand. justice can only be had by going
before a remote justice The cost af an
cess summary and simple
The filing OF complaint should not
he more than 81. and this should in
elude the sending of registered letter
or theN delivery personally of sum
mons TO appear at place and time
named In some precincts the same
man could have the privilege OF serv-
ing his summons himself or paying an
other 10 do IL. Every justice should
have salary proportioned 10 the size
OF his precinct. which should be lust
sufficient 10 require him to devote
certain time each day to his duties. and
So make him independent OF his fee.
For this he should make out an affida-
VII when required for "a complainant
who would make oath that he had M
money with which to pay fees; and 10
serve a summons without cost on the
defendant, Such an affidavit as this
should be brought within the statute
on perjury.
"A II Is now. the justice frequently
agrees not to charge plaintiff fees an
less the decision is for hinl--the rankesf
temptation 10 Injustice ever danglef
before the eye II man.
The practice in Justices courts Is thus
made lower than that Of police conrts
In the latter the defendant is generally
A violator of The law, in the former the
usual crime of the defendant is mere
IL thar he is poor and unable T. pay his
debts, or the plaintiff IS poor and Is
belng deprived II his rights