Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-07-10
Editor Bonanza

free from prejudice and local en-
vironments, | do not think it would
be poor taste or presumptuous on
my part to call your attention to
the necessity of legislation to avoid
the delays and expense of litiga-
ton.
The fact that rich man is rare
ly be convicted, is not due solely
to his riches and influence, but
to the fact that he can delay the
machinery of the court by dilatory
motions and demurrers, until all
the witnesses have left the state,
and the citizens have become dis
gusted and are willing to turn the
prisoner loose to rid the community
of the matter. Such was the case
in the graft trials in San Francisco.
Until laws are passed doing away
with frivolous technicalities, and
speedy justice dealt out, the people
who are most concerned can expect
nothing from the courts. Put a
penalty on a motion filed, which
proves to be dilatory, simply for
delay.
The expense of trial is so
great that poor man can not ask
relief OF the courts that have been,
apparently, established for him.
If he is unsuccessful in obtaining
a verdict in the lower court. he
can net appeal unless he pays an
almost prohibitive fee to the re-
porter for transcript of the testi-
mony. In most instances he is too
poor to pay for the testimony, con-
sequently is compelled to abide by
the decision of the lower court,
which very often is unjust and not
in accordance with legal Justice.
Should you not have law Great
ing a court reporter, paid by the
state or county, both in criminal
and civil matters, whose duty it is
10 furnish transcripts of the testi-
mony of the trial, if demanded, free
of charge?
The people pay enormous taxes
and get nothing in return; all the
money goes for gilded show and to
pay incompetent officials, whose only
thought is the next election. Force
your officials to do their duty and
quit pandering to the public by
hypocrisy. | would rather have an
official commit a wrong in doing an
act faarlessly and honestly than
to have him right, when the only
motive controlling him is policy.
Any official who will permit his acts
to be governed by what he believes
the people will think, and not what
he thinks is right. just and equit-
able, is unworthy to represent you,
is dishonest, weak and. as rule,
incompetent. Such a man could not
sustain life, were he not eating
at the public trough
If the next session of the legisla-
ture would only pass laws remedy
ing the one evil-THE COURTS
DELAYS-and adjourn, it would
render greater service to the pub
lie than has been rendered by all
the legislation enacted since this
has been a state.
The laws are so constructed now
that the poor man, who pays the
bulk of the taxes, and for whose
protection the laws were passed. can
not seek the courts for redress, on
account of the enormous expense
and delays. Even if he is success
full in the lower court IT is years
before he can get hearing in the
supreme court. Then after years
of delay he is forced to submit to
further delay, by a motion for a
rehearing. A case can be delayed
in the supreme court some times
two and three years by a skillful
lawyer. A man lives only a few
years and hesitates to spend most
of his life in litigation. That "a
litigant should be compelled to wait
over thirty days for final decision
in the supreme court, after appeal
is taken, is criminal, vicious and
outrageous. If we haven't sufficient
Judges, create more; if they are lazy
and incompetent remove them and
appoint others. Only make your
laws, so the decision is forthcom-
ing in thirty days.
Pass laws compelling the lower
courts to determine matters speed
lily and to strike cases from the
record when attorneys attempt t.
delay by dilatory methods.
Should not a law be passed pro
viding for attorneys fees to thu
prevailing party in all cases? VIII