The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-10-11
COURTS WITHOUT LAWYERS.

! COUkTS WITHOUT Law EhS.
The public addresses of President
! Taft have brought prominently before
the American people tho difficulties of
our court practice, and the iuirmities of
the law and rules under which court
procedure is had. The main objections
10 the present conditions in legaI
and court procedure are in two parts
First, the battling delays which often
result in tho defeat of justice in
criminal procedure, and in the withhold
ing in civil procedure oil the decision in
reasonable time of the rights of liti
gants. And second, the cost of court
procedure is so very great that poor
men are discouraged ut the outset and
are compelled to waive their rights
either altogether or in great measure by
reason of the terrifying impossibilities
of their meeting the expenses of litiga.
tion.
On the general points involved
We find in the American Review
of Reviews for October most
Interesting article on industrial
courts of Europe, where the pro.
cecdings are had without lawyers.
and with the minimum Of cost. Here
are two paragraphs showing the method
Of procedure. the elimination of costly
fees, and the absence of lawyers in the
courts referred to:
The expense OF appeal to European in
duStrldl courts is very slight, Parties
must usually, II physically able. appear
IN person. and as "A rule they argue their
own cases Lawyers. indeed. are entirely
excluded from practice in the Industrial
courts of Germany. and rarely appear,
except as the representatives OF large
employers or companies. in France. In
no case Is party obliged TO iIire law
yer Court fees, too. are reduced TO a
minimum. None whatever are required
I'm Basel, Switzerland, aud in France
none arc paid II the amount i'm dispute
is less than 20 francs. or about 50. No
fees arc demanded in Germany II the
parties reach a voluntary agreement and
judgments in disputes which do not ex-
c"cd in value 100 marks. or less than SIS,
cost only from one 10 three marks, or %
10 as cents. In all cases the fees are
graded according TO the amount In dis
pute,
As result Of this chcapness and ra-
TO be brought before an industrial court.
Disputes have been settled i'm Germany
which involved as little as 20 pfennies,
or about : cents. Only about 7.5 per
brought in the German Empire in 1908
were for more than 100 marks, or under
$50. In France. two years earlier. less
lhan 20 per cent Of all the cases were
for over 900 francs. or less than $50. II
Is safe to say that wherever these courts
nave been established the great majority
OF suits have been for less than $40. To
some Americans such cases may seem
trivial: But many a European working
man has doubtless been prevented. by
having at hand the means OF obtaining
his rights cheaply and quickly. from be-
ing emhittered by sense OF powerless-
ness against injustice.
Besides the great advantage of such
courts III speedily. cheaply. and justly
settling disputes of this kind. these
courts sometimes arc effective in set.
Ting labor troubles and avertng.
strikes. In this direction the following
is Of striking interest:
Strikes. as we'll as personal suits. are
sometimes brought before industrial
courts. In several countries, indeed
these courts are authorized TO act as
boards Of arbitration in collective dis
putos. Notable success had been attained
i'm this line or work i'm Germany. espe-
Clally in Berlin. where many strikes have
been ended through the Intervention OF
an industrial court president who is
thoroughly trusted and greatly admired
both by employers and by workingmen
In Geneva. moreover, within recent
years. every collective dispute not ad-
justed by voluntary agreement has been
settled by the industrial court usually
without any cessation OF work. u Is said
that this method OF handling collective
Il
First, the court already possesses The
confidence of both sides. Second. II has
special facilities for knowing of dis
agreements before they break out into
skilled through constant practice in con-
ciliation
These showings plainly prove that We
may well learn good deal from
Europe, although we are accustomed 10
think ourselves so much in advance of
the countries there. In many things
we are clearly in advance of
Europe, but in other things it is equally
clear that we are far behind; and in the
handling of disputes among the people.
il is certain that we might learn
very much from Europe. and especially
from lnp practice OF Ine lnduS1rldl
courts so favorably mentioned in the
article referred TO. In our own country
these industrial courts would be of i'm.
mcnse service in local differences and
disputes. But we would also find il
necessary to have industrial courts OF
higher powers and wider jurisdiction. in
order 10 settle cases arising in inter
state commerce, and in strikes such as
have been declared by the shop men of
he Hartman railroad system. We sug
gested the other day in dealing with
this question some form of reprcs enta-
ton in behalf of the public when
ever difficulties threatening such strikes
arose. And here comes the answer al
ready prepared from Europe, in the
form of industrial courts. which would
have all the dignity. all the power
and all the prestige required 10 settle
such disputes on reasonable founda-