Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-02-23
THE DAMAGE SUIT INDUSTRY.
"shysters," Who Fatten Upon Per.
sonaI Injury SpoiIs.

"shysters," Who Fatten Upon Per.
sonaI Injury spoiIs.
According to official reports from
turers' Record, 4,171 miles Of new rail-
road construction Is planned for the
coming year in the south and south
west. OF that construction 993 miles
are planned for Texas. How much
greater the proposed mileage might be
in that great state awaiting the extern
sion Of transportation lines and per-
haps, in other states, Is a question
raised by letter from Mr.. Charles
Hamilton Of Waco, Texas, vice presi-
dent and general manager Of the Tex
as Central Railroad company. Mr..
Hamilton has written quite forcibly
before on the subject of embarrass-
ments to which railroads in Texas are
subjected, and in this letter he writes:
would suggest that southern devel-
opment, particularly as it applies to
Texas, can be more rapidly advanced
than at present by disposing Of the
1emagogue, by eliminating the alleged
lawyer who lives by looking up and
manufacturing fake claims against
railroad companies, and by educating
jurors to recognize the sacredness OF
an oath.
Mr.. Hamilton Is not the only Texan
who Is alive to the injury done the
material interests Of the state by the
loss and annoyance caused the rail-
roads through the countenance given
-hysters in courts Of law. In recent
charge to the Federal grand jury, at
Fort Worth, Judge Meek dwelt strongly
on that point. He called attention to
the law against barratry, passed by the
legislature in 1901, said that 1t had Pc
culiar application to attorneys who are
engaged in the phase of practice
known as personal injury" litigation,
md while recognizing that 1t was not
within the province Of the Federal
court to enforce the criminal laws OF
the state, he insisted that for the pro-
| lection Of the integrity Of It's own pro-
ceedings it was the bounden duty Of
of the court to prevent the appearance
at It's bar of attorneys who had viola
ted the criminal laws of the state in
| the very causes in which they pre-
| 7ume to appear.
He argued that the law against bar
ratry had been passed because Of the
pernicious activity and professional
1epravity of certain lawyers. and he
gave this wholesome charge:
Every person admitted to practice
at this bar takes solemn oath that he
will demean himself as an attorney
and counsellor Of this court uprightly
and according to the law. If in the
practice of his profession a lawyer for
gets the high obligations that rest upon
him, lacking moral stamina and worth.
stoops to solicit employment In suit
at law or in equity, or debases him
self and his profession by giving mon
ey or something Of value for such en-
ployment, he violates the oath he has
taken and he should be disbarred and
his name struck from the rolls OF this
court. The profession Of law should
possess within itself the inclination
and power for self-cleansing and self
publication through proper and effec-
tive organization. There Is notice.
able absence Of effective organization
Of the profession for such purpose at
most bars in Texas. Such absence oc-
casions the necessity Of my placing
upon you, gentlemen, this unusual Ia
Dor. I feel called upon to charge you
thus because Of the rumors that con-
stantly come to me Of the practices OF
some attorneys at law In procuring
employment. especially in personal In
Jury litigation. These matters should
be investigated and II the evidence ad-
Iuced before you shows to your salts
faction personal solicitation on the part
of any attorney Of employment IN any
suit at law or in equity, to prosecute
or defend the same, or II 1t shows that
he has procured another to solicit for
him employment in any such cause, or
IL II shows that he has given any per-
son from whom such employment Is
sought money or other things OF value,
or has directly or indirectly paid the
debts or liabilities Of such person, or
IL 1t shows that he has loaned or prom
ised to give or otherwise grant money
or other things Of value to the person
from whom such employment Is
sought, then you will make report to
the court, setting forth the name OF the
attorney found guilty Of such conduct,
the style Of the cause pending In which
such conduct took place and his acts
therein committed which you deem to
| be a transgression Of the law herein
set forth. I win see that proper ana
appropriate steps are taken upon the
coming in Of any report.
That Is a charge applicable to con-
litions in other states beside Texas. II
Is a strong arraignment OF the damage
suit industry thriving upon corpora
lions in general, and in particular upon
.he railroad corporations. and success
full through a combination OF abuses IN
drawing juries. whereby important
cases are settled by a vote Of repre-
sentatives Of the lack Of intelligence IN
the community, and Of the Grass dis
regard of professional and personal
decencies and violation Of solemn
oaths by lawyers, theoretically officers
of the courts. This class Of attorneys
in many communities are readily dis
tinguished. They find their way more
frequently than any others into the