Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1904-11-11
JUSTICE PROCEDURE.
How That Court Maintains Its Dignity in Cook
County, III.

How That Court Maintains Its Dignity in Cook
County. Ill.,
The following amusing article re-
ferring to the inviolability of proce-
dure by which Cook county Justice OF
the Peace administer their law is from
the Chicago Tribune. In the case
cited the attorney for the defendant
said right out that if the case were
continued he would appear again, and
continue to appear until the case
should be tried. Now it is not usual
in Cook county for Justices of the
Peace to render judgments in which
defendants appear, either in person or
by counsel. If there is an appearance
for the defense the case is continued,
and if the defense puts in an appear
ance on the day stated, the case is
again continued. This process of con-
tinuing the case is kept up until there
is no appearance, when the justice
proceeds to render judgment according
to the law and the facts as he alone
understands them, and as be only can
understand them, unhampered by con.
tentious counsel or fractions defen-
dant. 1t is evident that had our
worthy justice allowed counsel contu-
maciously to carry out his announced
purpose, the traditions of the court
would have been upset, and the land
marks of justice court law have been
destroyed. So the learned justice, de-
termined that the established practice
of his court should not be violated,
took up the docket, read the number
of the case in question and said:
"Case dismissed, as I will not try a
case in which opposing counsel ap.
pears" Thus the time.honored pro.
cedure ef justice courts in Cook coun-
ty, Illinois, was vindicated! Comment
ing on this Law Notes says: The Chi.
cago Tribune, for which we have hith.
erto had great deal of respect, does
not take kindly to this ruling, which
it criticises most cautiously, and even
irreverently. 1t says that "it was
when the iron had entered into his
soul and had become exceedingly hot"
that the justice forged from it this
thunderbolt of law" But this only
goes to show how little mere news.
paper men know about the law and
proper administration of the law. Es-
pecially does it show how little the
justice court system and the justices
themselves are appreciated at their
true value by some. The Chicago Tri.
bmne simply got beyond its depth.
The fact is that justice of the peace
has such profound knowledge OF the
law that he had no need of the assist.
ance OF counsel. What if Chief Jus.
tice Marshall never decided a case
until he had heard it argued by coun.
sci on both sides, believing that law.
yers who had thoroughly studied and
prepared case about which he knew
very little, could aid him in deciding
it justly and correctly? Chief Justice
Marshall was not a justice of the
peace. AS a justice of the peace has
no need of instruction in the law,
so neither has he need of information
as to the facts of case. He usually
knows the facts too. His is an all
comprehending mind. His is not the
dullness which Juvenal satirized, of
"clodpate judges" before whom plead
ers "must their vitals strain" Our
own particular j. p. whom the Chi.
cago Tribune does such scant justice,
seems even to be superior to the aver
age. Some justices, most likely
through complaisanee, will take testi-
mony on both sides, and listen to
counsel. But our justice is wiser than
these. His presumably vast learning
no doubt embraced knowledge of the
plight of the old man whom Ennius
represents as saying after he had con-
suited three lawyers concerning the
validity Of his sons marriage. "Now
l am more uncertain than ever" Our
justice was too wise to take any un-
necessary chances. We wonder if our
learned justice follows the precedent
set by Pantagruel, who, when called
upon to decide the case of kissbreech
.. Suckfst, first destroyed all the
papers on the ground that they were
th.entangling." We respectfully
suggest the plan for his consideration.
1t is with very great diffidence that
we offer-presume to otfer-sugges-
tions to this exemplar OF justices, but
if the boldness may be forgiven, or at
ileast overlooked, we should suggest
that lie abolish the service upon de.
PENDANTS of process-original process.
What is the use of serving as sum.
mons anyway? A plaintiff states his
case, the justice knows all about the
facts and the law, he enters judgment,
and there is an end to the matter, ex.
cept, of course, the execution. There
is no use in bothering the defendant
until then-in barassing poor debtor
unnecessarily. But we know that q
justice of the peace, particularly our
Justice, is wiser than we, and this is