The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-16
FOR JUSTICES SAKE.

In order that justice may be done as
nearly as possible. Judge ]. C. Rup-
penthal. the new judge in the Twenty
third judicial district. out in western
Kansas. has overturned a legal custom
in way that will appeal to the good
sense of most men,
All good attorneys hate a "snitch."
A "snitch" is a disreputable species Of
lawyer who goes around and drums up
! business-seeks out those who might
have a possible cause for litigation,
| advises lawsuits on every possible oc-
casion and stirs up all sorts of trouble
| If 1t will only bring him a fee. In
order to avoid all appearance of
Switching" many lawyers lean the
other way-and that is what Judge
Ruppenthal is trying to guard against.
He believes that every litigant should
actually, as well as theoretically, have
his day in court. and in a circular letter
to the bar of his district he points out
that this is rarely accomplished in
cases where service is obtained only
by the publication of an official notice
Growing out of necessity says
Judge Ruppenthal, the legislature has
provided for judgments and DEGREES in
certain cases without any actual no.
tice to the defendants. The notice or
service by publication in a newspaper
OF the county where the case is filed is
usually wholly Intellectual to bring
actual knowledge of the tendency of
a suit to the persons interested. and
consequently they do not actually and
practically have their day in court
although by a necessary fiction of the
law they are held to have a qualified
hearing. As consequence. wrongs
and injustice more or less grievous not
infreouently result to non-residents
who fail to learn of actions against
them until their rights can either no
longer be adequately protected or only
at excessive cost. Especially is this
true in the very important matters of
land titles and marital relations in
divorce cases.
Attorneys for plaintiffs" continues
the judge. "are not always diligent in
seeking to find parties on the other
side, or to bring actual notice of PEN
dency of suit to their attention ANY
other attorney. although he may know
their whereabouts or could readily
learn, is loath. unless he has been of
counsel for such defendants or ac-
quainted with them. to call their at
tention to the need of protecting their
rights. lest such voluntary acts be re-
sented by plaintiffs as intermeddling,
or be regarded by the bar and others,
as unprofessional attempts to get into
the case by attracting to himself the
defendants attention"
Believing that there are two sides
to every case and that it is the duty
Of the court to hear both sides before
dealing out justice, Judge Ruppenthal
asks every lawyer in his district as a |
friend of the court" and one of its |
sworn officers to aid In seeing that
actual notice of suits is brought to all |
defendants. whether the lawyer is
connected with the case or not
I'm all cases of service by publica-
ton in this district" says the judge,
IT wish the bar to assist in bringing |
actual notice to all defendants For |
this purpose, I earnestly ask each |
member of the bar. so far as conven- |
lent for him, as anxious curiae, to give |
notice to defendants. and, If appear |
ance be not entered by them. to re- |
port his acts to the court or judge, so |
that I may know. If possible, whether |
results from choice or |
want of notice"
This is doubtless an innovation in |
legal procedure. but it will strike the |
lavman as good sense. 1t looks, too, |
as though the decent lawyer ought to |
be able to comply with the spirit of |
the request and still avoid the charge |
of Switching. Incidentally 1t will not |
lessen the faith Of the public in the |
brand of justice dispensed by Judge |
court