The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-09-30
Anti-RaiIroad Personal Injury
Litigation in Texas. IS: >; Is:

given instance Of its exercise. indeed he doas
not. In fact go through this formula In reach
ing his verdict and is th2refoge not guilty
q the implied corruption there 10 III 1t.
Nevertheless his state of mind is such that
tho process works itself by the callous in
difference he INDUCES toward the case OF the
corporation, aud the representative sympathy
he feelE toward q poor laborer or any one
injured by violence, causes him 70 do an
injustiC. he does not recognize as such. But
this state OF mind is chronic with him. and
the result OF pernicous education The
strong men who resist or resent any inhu.
ences OF this KIND are generally not found
In tho jury box"
~
In my judgment the railroad companies oI
this state have made mistake in carrying
TO an extreme the generally speaking whole
some rule OF attending strictly to their own
business; and of taking no pains to correct
popular misconceptions concerning their
methods ana arrangements, calculated to pro
duce general and deep-seated prejudice an
tagonistic 10 their interests often manifest
lax itself IN the Jury box.
To Uhnt extent is the legal pro-
feSsion OF our state responsible for
the unfair treatment accorded RAFT
way interests through our courts.
Judge John C. Townes as chairman OF your
committee on Legal Education ana Admts
q
sehted In 1895 among other things, SAID:
Tht position OF the lawyer Ia our govern
!hehl iE peculiarly responsible one His
functions are three-fold, He is entrusted
with the most valuable rights OF person and
property OF his clients; he lie one OF the most
active instruments In the administration Of
me law and eNerts great influence upon
lplblic sentiment. He is the confidential ad-
wiser OF his client the legal counsellor and
resistant OF the judge. the potent ana helpfuI
leader OF the jury; the promoter and moulder
hnI ffh u
TONS. and very frequently the active partlci-
pant in It's shaping on other matters OF gem
eral Interest While his business IL private IL
aneets the public In more, and more vital.
points than any other profession or avoca :
| ton. The business side OF the LAWYERS life
| Is htlle less powerful in its influence upon
we sentiment and character OF the people at
| largo, than is his public life The LAWYER
who counsels, or even countenances and nm
dortnkeB to uphold business methods NJ doubt
| ful character. becomes a center OF corruptio,
10 me entire body OF his clientage, and a FEW
| Huoh men In any community, will gradually
ranker Its heart until large numbers OF its
members will lend themselves to sharp nrnr-
tices and Questionable devices and the up
themselves In itB midst
THIS association has. by the unanimous NO
ptoVai ana adoption of this report said tina,
me case was not oyerstated by Judge Townc y.
! ~ necessarily follows that the legal profess
SION has II within It's power 10 correct The
evils already noticed When the situation as
y actually exists, as evidenced by the statis-
tics above quoted comes to be fullv undar.
stood and appreciated by the great body Of
the profession, I am not prepared TO be
lieYe That u VIII either tacitly or expressly
s,ahs'ion INC practice. begot by cupldity and
lust tor gain. % using the forms OF the law
/ az tools for the accomplishment OF the whole,
sale fohbefy Of legitimate enterprises where
the general public must IN the end pay thr
lihdemnity The diHinterested and hones, Ia W
I yer--sentinel OF the public safoty-must rsai.
lie that the railroad companies are nv nc
means tho only sufferers. The public moral.
sss hfo1ssarly being corrupted by these prae
Just vtrdicis may he procured against rail
ROAD companies in cases which are withor
any resi merit furnishes strong temptations
not only 10 LAWYERS, but to others who ar,
prone TO take short cuts to fortune. Thre
cases Of standardization. for the purpose o
! procuring damsges from railroads and accl
my personal observation during tho mas
year. Those. both In and out Of Inc iega
pi recession. who follow this class OF ntigatlo,
a. q trade, not as : profession are CROWN
recent writer in speaking Of the offeo
or speculative litigation OF the class TO whlcl
IL refer says:
''Leralized robbery and pronting nv prac
teal theft, can not become Institutions eve
as asainst corporations without affecting III
lcharacter OF the individual and public In al
other relations. The jury box can not be
party 10 crime IN one relation. and mad
Q tribunal OF patriotism and justice in Others
The danger 70 the people OF q democrac,
in the degradation OF institutions compose
OF the people IS q fan worse menace thai
political and official crooksdness The latte
Occasions money loss aud affects a Unite,
class. The former deAauches the whole PEG
pie. and tends to render them unfit Tor th
lprcrogatives OF citizenship in a repubno .
II Will not be long. II these practices con
tinue before the corrupted publie sentinen
lin favor OF looting any public or quasi pub
| lie treasury In aid OF private suffering q
private want. II not private greed, OF whiel
Judge Hammond. In the article elsewhere re
Ifeired to. speaks. will manifest itself In