The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-14

! one and one-half cents for every ten
words printed. besides other fees. all
OF which together with tho cost OF tho
printing must be paid in advance by
| the appellant and taxed as part of
the costs. For printing record and
| petition OF one hundred and fifty
! pages with four hundred words to
! the page can ordinary chancery case)
| the appellant must pay to the clerk a
Zee of 500 and to the printer about SEQ.
Here. then, we have small chan
Gerry cause involving 5000, costing the
uggrievcd appellant the neat little
sum of $50 for making up and print
Ing the record alone, to say nothing
OF other clerks fees, taxes and ex-
penses all along the line. Including
writ taxes to the state. the appellant
would in all likelihood pay TO both
clerks in this supposed case for their
fees and the printing Of the record
no less than SEQ.
What remedy is there7
It is suggested by u member of the
bar who writes us touching this mat
ter that
"A few lines added to three sections
Of the Code could require the clerk OF
the lower court TO make up the record
by using the original papers in his
office and COPIES of the DEGREES and
other insepal able documents. instead
OF needless!y copying all these papers.
II the appeal is refused, let the origi-
nal papers be returned TO the clerks
office of the trial court and flied away;
II the appeal is allowed, after being
printed the original papers could be
so returned This would save prac-
tically all of the $40 fee paid TO the
trial courts clerk in our supposed
case.
The appellant pays approximately
Sl.4o for each printed page of the re-
cord. OF this sum. the clerk OF the
trial court receives 40 cents. the print
er 40 cents. while the clerk of the
Court of Appeals gets GO cents page
for proofreading. indexing Casually
about dozen linesl and for-well, for
being clerk. The remedy here is self
suggested: let the appellant pay the
actual cost of printing and proofread-
ing, and let the State pay the clerk
reasonable salary and cut out all his
fees"
Twelve copies of the record are
printed. Ordinarily. three copies are
really used. The rest are thrown away
or filed in musty archives never to be
eNhumed, II allowed to do So. the
appellant could have four or five
copies OF the record typewritten for
one-tenti. of the actual cost he has
to pay for printing.
There are cases" we are inforced,
mot one, but scores OF them, arising
in every lawyers practice where the
excessive cost of appeals has meant
denial of justice of helpless prison
ers compelled 10 endure long terms
OF imprisonment because unable to
pay these eXorbitant fees: of poor
workingmen crippled for life by the
negligence OF corporate employers.
whose hard won judgments in lower
courts having been reversed on some
quibbling technicality on appeal have
been forced into unjust compromises
or TO totally abandon their action be-
cause unable to repay to the corporate
defendants costs of the appea! taken
by them; of childless widows COM
PEELED to accept dover in deceased
husbands land because unable TO pay
the cost OF appealing from an unjust
decree rendered at the suit OF hungry
heirs who have successfully contest
ed Will, and OF thousands OF other
like cases"
The use undoubtedly exists. That
The door of justice should be open to all
alike IS clear so that three officers may
be paid good salaries, many poor lii!
CANT is denied that justice which is
due him and is deprived of inalien
able rights. The faul, lies wholly in
the fee system. which in many ways,
IS a ourden and q disgrace to the
Commonwealth Law reform is needed
everywhere; it is needed in Virginia.
and conditions ought not 10 be such
tina, appeals are difficult and e%pen-
sive for the poor and easy for the rich.
10 person is to bAne the system is
Responsible The people have it in
tie.r power 10 elect representatives, TO
the General Assembly who can cure
tn!s abuse There is no excuse tor the
continuance OF this eXtravagent and
unjust system.