The commonwealth. (Greenwood, Miss.) 1896-1923, 1913-06-06

I covered on account OF IA LAJui9 a.
legged 70 have happened In an unusual
way, one which I do not remember to
have seen mentioned before. Since
that time there have been in rapid
succession six other suits. all alleging
injuries occurring In the same pecu-
liar way on different occasions, in this
one county. Somebody has certainly
been fooling these lawyers, No suit,
so far as | know. had eve been
brought for the same cause In any
other county OF the state, but now an
other county has got started. People
catch personal injury suits from one
another just like an infection; indeed,
sometimes I imagine that 1t Is a hor-
rihfe disease which attacks the moral
fiber. 1t is called easy money" and
another name Is graft" 1t Is the
death OF honest labor.
There is another county In the state
where some negroes have discovered
a way which is almost certain to re-
cover from the railroad company q
! substantial sum of money by a pro-
ceeding before a justice Of the peace,
Every dollar they collect has already
been paid to some one else who is
morally entitled to It. Since this
scheme got to working the company
has had pending a continuous stream
of suits of this character in this coun-
ty, but ! have observed no suits like
It anywhere else In the state. 1t may
be that in timethe tidings will spread
until the same suits will begin in 9TH
G- committee nc pra11 p9if f~nrflnafpIv
for the company, the news seem to
move slowly.
A peculiar feature OF damage suit
litigation in Mississippi is the great
Importance played by the doctrine OF
punitive damages. | do not know Of
any other field Of the law where the
Vipdietive theory of justice still cuts
SO great a figure, Personally have
very little faith in punitive damages.
| have seen too much of them. They
are nas corrective. In the first place
the punishment never falls Oh the
guilty party. 1t doesn't even fall on
the officers of the company. AS foE
the stockholders, they never even hear
about it, Things go on inevitably just
as before. The wrong people are pun
tshed. | have some confidence in the
criminal law which seizes and impris-
ons the ~wrongdoer. | can even see
where q nan who pays heavy dam
ages out of his priyy purse may be led
to change his ways. But how the con
duct of an engineer, for example, will
be improved by the railroad company
paying a heavy verdict instead of buy,
ing some new cars, or putting ballast
on Its track is as hard for me as the
three things that puzzled Solomon.
The public does not realize that the
power of a railroad company to discip.
line its men has passed very largely
away from the railroad companies
into the hands of the great national
labor unions, II the punitive dam
ages were paid out of the treasury
Of the union, the engineer might hear
something to his advantage, but the
money paid out of the treasury of the
railroad company will never spoil his
sleep. He may even smile to see the
company pay the money. The jury
perhaps retires from the box with the
yirtuous feeling that they have yindi.
AahEu JuSL4Ge anu puliSLCu illt "tChSdJ
when the fact is that they have only
prevented from being made some very
desirable improvements of the rail
road service, and given another boost
to the high cost q living. What is
the good?
Another popularity OF railroad liti-
CATION In Mississippi is in regard to
the killing Of cattle. Sixty-six per
cent. Of the entire amount paid upon
the Illinois Central system for killing
stoak is paid in the state of Missis.
sippi, although our mileage In that
state Is but IS per cent. of the total
mileage. In Mississippi 95 per cent.
of the stock cases are settled and only
five per cent, and those the strongest
cases for the company, are litigated,
but it Is very seldom that any case
is ever won by the railroad company.
One result of this Is, that the owners
Of stock are at no pains for the safety
of their animals so that persons trav.
cling through Mississippi are exposed
to the danger escaped by those travel.
ing In other states of derailment from
striking stock. 1t Is bad enough to
kill cows, but the result of the present
legal situation Is to increase very ma
terially the risk OF life and limb to
the travelling public.
What can be done to get a better
article of justice in personal injury?
The best hope can see Is In the i'm.
provement Of public sentiment by
turning on the light. If the leaders
~ nhltn pniptan c,tph re 7 unA hnfnra |
me, the press Of the state, the clergy |
men. the physicians, the merchants
would freely discuss this crying evil
the courts would quickly respond,
Juries would soon be more judicial
and temperate. | think the judges
could do much If they would keep
their eyes open for the fake cases and
magnifed injuries. When a Judge
finds that his court has become a
Mecca for personal injury cases, he
ought 10 ask himself why. A work
mems compensation act such as has
been adopted in New Jersey. Wiscon.
sin, Washington, Ohio, Illinois, Iowa.
or the one which would have been
adopted by congress last year II there
had been sufficient time. would be q
great step forward in the advance
ment Of Justice. A law framed on
similar lines insuring IN the same way
all passengers for certain definite
amounts would be another excellent
reform and one which we will be like.
ly to see very promptly If government
ownership of railroads comes about.
It inevitably will come about II there
is no pause in the food OF laws regu.
latlng the operation of the roads. A
man who would not trust himself to
regulate his own watch will tackle q
whole railroad with considerable con,
idence-but then you know 1t Is his
watch. After q certain maximum OF
regulation has been reached It is no
longer profitable to conduct a railroad
under private ownership and 1t be.
comes best for all concerned that the
rhvnrD nnNt sh0uld takn n nvnr ana