The San Francisco call., 1908-07-16

Ii we have had some previous cor
respondence in reference TO the
interminabIe delays in our courts
in the trial of personal injury suits
The continued effort of the representa-
tives of labor organizations and the
forceful editorials in The Call have had
the effect of causing the local superior
court to adopt a set of rules that Will
result, in a measure, in a reduction OF
the delay to which an injured wage
Garner must submit in his demand Tor
a redress of grievances. The adoption
of this rule, while but a mere drop IN
the bucket, is a slight advance in the
right direction, for, owing to the delays
incidental TO review in the appellate
courts, it still requires three or FOUR
years before any result can be oo-
tanned in the way of compensation for
injuries received.
To this letter I have appended list
'of personal injury eases and their le-
gal history, which demonstrates the
regrettable fact that if a workingman
or person of moderate means be in
jured in the course of his trade, or upon
the cars of a railroad corporation, or
otherwise, through the negligence OF
another, he has either no hope of re-
dress in our courts, or if he has such a
hope, the possibility of relief is so re-
mote that it is almost waste Of time
to pursue the remedy.
There is another evil to which l hope
The Call will direct attention, editorial
if possible, and that is the time honored
custom of our superior judges OF ad-
Journing for the full period of two
months each year, during which time
no contested matters are heard. unless
by consent of counsel on both sides.
Some talented employe of your art de-
partment could, undoubtedly, draw a
fancy sketch of corporation attorney
consenting to the trial of a personal
injury case during vacation
l am not for a moment contending
that judges or public officials generally
are not entitled to a vacation, but TO
have the entire bench, consisting of IL
judges. adjourn for two full months
each year, when hundreds of cases re-
main untouched on the calendar, strikes
the average citizen as an extraordinary
circumstance. In many OF these cases
the claimants are disabled and inca
pacitated from work as a result of their
injuries, and must depend upon the
charity of friends or become inmates
OF public institutions. In other cases
their families are reduced TO a state
of destitution. and in other instances
have been disrupted and cast upon the
is not overdrawn is illustrated in the
accompanying table of cases 1 have
omitted the names of the injured per-
sons in the statement because publicity
might be painful to the victims
II craftsman be injured and unable
70 pay his rent he can be summariIy
dfspossessed of his humble tenement
and his household goods and chatteIs
placed on the sidewalk in a few weeks
and from this judgment there is no
appeal and no possibility of delay
But when his own interests or those of
his family are beneficiaIly concerned
when he is stricken down owing to
the negligence Of another and seeks
redress in our courts, then he realizes
for the first time that the goddess OF
justice moves Indeed with leaden
wings.
My experience in the practice of the
law has frequently thrown me in con-
tact with labor leaders. and 1 do not
eXaggerate when 1 say that there is
among them a profound distrust of our
courts. At a recent conference of a
large number of members of labor
organizations with presiding Judge
Sturtsvant in open court, Judge StlTr-
tevant was informed that there was
distrnst of the courts among wage
earners generally. and that the latter
branch of the government as a cum
n1ngly devised system of delay where
by the cause of action of a working
man would be subjected to intermin-
able delays and in the long run pos
sibly defeated. The labor leaders pres
ent on that occasion included such con-
servative men as John w. Sweeney.
president of the labor council of San
Francisco. representing $4,000 men:
Andrew j. Gallagher. secretary of the
organization; Dominick Kane, presi-
dent ST the united boiler makers:
George F. Tracy. head of the state fed
Grafton of labor, and Leo Nicholson
of the typographical union.
This is certainly a grave condition
of affairs and if it be general through
out the United States, and If the Sit
uation is such as not to admit Of remedy.
edy. then the conclusion is inevitable
that republican government, as far as
workingmen is concerned, has proved a
failure.
That the dishonest public service
corporations are using this system of
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here. some years ago. took society com
pletely by surprise