The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-12-16
Need FOR POOR MANS COURT
Chief Justice Winslow Pleads for a
Cancellation Court Where Petty
Cases May Be Settled With
No Attorneys Fees.

"Seventy years ago the constitution
Of Wisconsin provided that the legis-
allure shall pass laws for the regula-
ion of tribunals of reconciliation but
his command has never been obeyed, y
he Hon. John B. Winslow, chief jus
5ice of the state Of Wisconsin, told the
members of the Mems club Of st.
Matthew's parish Tuesday night in a
talk on 'EThe Poor Man Court
by the Poor Man 3 Court" said
Chief Justice Winslow, lis meant a
court in which small claims can be
settled or tried before a Judge of
ability and honesty without the costs
and without formality.
"Such courts are already in opera
tion in several of our larger cities,
notably Chicago, Cleveland, Topeka
and Kansas City, and they have prov
en- successful,
"They are, in effect, tribunals of
Cancellation where the parties to small
disputes meet each other face to face
and, with the help of wise judge, at
tempt to settle their disputes"
Referring to the type of tribunal of
Cancellation mentioned in the consti-
tuition, the speaker said it had its
origin in Denmark in 1895 and it exists
in varying forms in Denmark, Norway
and France.
cit appears" said the speaker,
e'that out of 225,0Oo cases brought be-
fore these tribunals in Denmark dur
irg the five year period between 1886
and 1891, about two-thirds were set
tied and only one-third came before
the courts in the form of contentious
lawsuits.
Legislators Dodge Duty.
''In France the duty Of the justice
of the peace is to endeavor to recon
ellie all disputants who come before
him and no suit can be brought until
the endeavor has been made without
success.
AT the last meeting Of the legisla-
ture bill was sumitted by a legisla-
tive committee, providing for the or
ganization of such court or tribunal
in the city of Milwaukee as branch
Of the civil court now existing in that
city.
eSThis bill provided that in all cases
involving less than fifty dollars, with
certain exceptions, an effort should be
made to effect a settlement Of the
differences by the parties personally
with the help of one of the judges of
the court before an action could be
brought.
City Needs Them Most.
FFThe bill was indefinitely postponed.
While courts or tribunals for handling
small claims informally and endeavor-
inc to effect settlement of disputes
Of all kinds are needed, both in city
and in country, there can be no doubt
that the need is greatest in the large
cities.
Every man of any experience in
the world knows that many lawsuit,
founded on some slight or imaginary
wrong, has dragged along for years,
souandered the money of both parties,
stirred up i'll will, perhaps for gener-
ations, and finally left no tangible re
suits, save its crop of bad blood and
hate.
Everybody knows, also, that had
these parties been compelled to come
together before some wise and consid-
crate counsellor for whom they both
had respect this deplorable result
would in all likelihood have been
avoided.
u. S. Justices Poor?
eeThere is the rub, namely, to be
sure Of the wise and considerate coun-
sellor. Only rarely, very rarely, would
the Justice of the peace of our day,
dependent on fees for his compensa-
tion. fill that bill or come anywhere
near it.
stWould it be possible to provide
for such mediators at convenient places
IN every county, before whom all per-
sons desiring to bring an action for
tort and perhaps certain contract ac-
tions should be required to appear with
their adversaries, and attempt to set
+le their differences before they bring
their action?
seWhatever be the answer to this