The Montgomery advertiser., 1907-01-26
PROMOTING DAMAGE SUITS.

any individual but as a public journal, we think the Legislature ought to be warned against certain bills Introduced
 there. that 1t is fair to say.
 would promote damage suits 1 against corporations. The lead l ing Issue of the late campaign in
 this State was the reduction of freight rates. The people endorsed this idea and the Legislature is very properly ! engaged in framing legislation to carry out the idea. They are approaching
 the question In candid spirit and are
 giving hearings. through committees, to the various interests to be affected.
 Where do the damage suit bills come in? Who Is to be benefited, if these
 bills promoting damage suits are en- acted into iawY
 Senate Bills 6 and 42 are devoted to establishing a new doctrine in negli- gence. The law, as we understand 1t, on this subject is that defendant, whether a private individual or cor poration, is protected against claims for damages when the evidence shows the injury was suffered through the negligence of the claimant These bills
 would take from the courts all power to instruct a jury on questions of neg ligence, leaving these absolutely to the
 jury. This is to subvert the law of centuries. It changes in twinkling a trial, judicial in kind, to one where innammatory appeals take the place of law. The jury system can hardly bear this additional weight. And while bringing that system into contempt, e srievous burden is to be imposed in verdicts for damages on individuals and corporations. Is there something sa- cred in the fee to be collected by the damage suit lawyer? Ar. verdicts for the plaintiff so rare in damage suits that more verdicts must be assured by law
 The damage suit lawyer is again cared for tenderly in House Bill 3os. This provides lien in favor of damage suit attorneys, and to preserve this lien. in case there is a settlement without the attorneys consent, the attorney can recover directly from the individual or corporation against whom the suit has been filed. This is a fragrant and bold attempt to set the damage suit lawyer in a position of peculiar privilege un- der the Jaw. He. and he alone, is re- garded in this bill.
 Yet again, House Bill 800. proposes to confer upon the courts of Alabama oII nr foreign corporations in causes of action arising outside this State It would seem natural and proper that suit for damages should be tried in the State and county where the accident occurred. This bill denses this, and would enable a damage suit lawyer to consult his personal convenience iD bringing a suit and compel the indi- vfdual or corporation to go to some distant point, far removed from the point where the injury was suffered, and at whatever trouble and expense defend the action in that court.
 The people of Alabama have demand ed rate legislation. and we have no doubt in the present temper of the Legislature, legislation on this line will be enacted. The people have not, how ever. demanded legislation in favor of damage suit lawyers. This was not an issue in the campaign and it could not have been made an Issue. not by Governor Conner himself. Nevertheless. there seems to be an effort. under cover of existing agitation, to push through the General Assembly. a number of bills that subserve no public end, that are not designed even to benefit the in- jured in accidents, but rather-let us put It bluntly-to feather the nests Of damage suit lawyers. Will the Legis- lature as a body stand for this legis lation? Do we wish 10 warn away from our State every dollar of foreign capital that may be seeking investment here? Is the personal welfare, the pro- fessional income of a certain class of lawyers, to be set above the wise and orderly administration of the law?
 In all soberness, we invite the atten- tion of the General Assembly to these bills. Conservative members should see to it, that what Is progressive in the demands of the hour should be kept free from even a suspicion of further ing the private, professional interests of few individuals. the damage suit lawyers of the state. .~