Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-04-19
THE UNCERTAINTY
~ III JUSTICE
ADEQUATE RARRATRY LAW
NEEDED.
Appointment Of Judges should BE
Taken Out Of Politics.
BY Ben Q. Cain.

L
leading lawyer asserts the trouble TO
be our Jury system. think the mis-
OF Justice through ignorant
or corrupt juries has done much to
bring our judicial system into dis.
repute But that Is not the sole
are merely part OF the
judicial machinery. The bench and
bar perform an equally important
part. We should inspect the entire
machinery to determine the trouble,
II Is a common saying heard
about the court house. nobody can
tell what Jury will do" Jury trials
are regarded with distrust. Men
freely predict the result without re-
gard TO the facts. II Is notorious
that lawyers call for juries when
they have cases without merit. ane
strive to select men whom they be-
ileye have some bias In their favor
or prejudice against the other side.
In such instances the effort Il not
10 attain justice. but the contrary. !
After Jury Is thus selected the real
contest begins. Both sides seek by
every means to distort or destroy any
proposition that tends to sustain the
adverse contention N truth Ia thus
uncovered Il il an accident, II must
be remembered shat the Judge Is not
permitted to assist the jury In pass
ing upon the case. He "a positively
prohibited from doing so. Under our
system. the jury Ia exclusive Judge
Of the weight OF the evidence and
credibility OF the witness. The Court
must be careful not to invade this
province OF the jury. lie must not
comment on the evidence nor intim'
ate his opinion. II the jury returns
a verdict contrary 10 the preponder'
ance OF evidence. he has the power 10
set the verdict aside. but generally
our trial judges "side.step" this re
sponsibility. II goes to the higher
courts and these courts decline 10
review the action OF the jury. but will
review the ruling OF the Judge on
questions OF law
To an outsider II would look a.
though the system is so arranged AZ
that the act OF tho unlearned and in
competent functionary IL beyond re-
view. while the act OF the learned
may be reviewed Such u procedure
IL not far short OF barbarism, and
ought 10 cd abolished. Jury trial,
oushi to be confined to criminal cases
Rights OF property should be decided
BY uen learned "a the law.
/, In addition 70 this. the selection Of
Judges ought to be removed nom the
domain OF politics Our judges should
either be appointed. or else elected
: for a long term Of years. subject II
D either case 70 recall by the voters
0 Lastly. the practice OF Law shoulS
be 80 regulated by statute as to make 7
= impracticabla. n not impossible. 10
attorneys TO stir up litigation. TIL
contingent fee and the lack Of Al
u adequate barrstry law are responsible
J. for much OF the discredlt brought NJ
3, the courts. and much OF the passio'
and prejudice so often manifest 4
the yerdicts OF iurles. Lawyer
should not be prohibited from takln
contingent fees. but In certain ll,igs
tion. notably personal injury casei
NJ should DO prohibited from nxins sue
fees. Whenever such case is tai
On on contingent foe. the power TO a
compensation should be left with n
IL courts In fixing such fees the oou'
should be required to consider IN
=. Character and amount OF service pc
,r form A. together with the amount r
covered
We should have an effective Ia
10 defining and furnishing barrstry. tn
act OF employing 4 person to sole
o. claims for unliquidated damages. Z
agreeing to pay the expenses or cos
mr. Of collecting or enforcing such claim
90 by attorneys or others in their b
half, ought 20 be specinoal
prohibited. Our present law Ia q me
OF sham. ANY person can instiEate. mai
NJ tain or encourage litigation in whit
ad he has no interest. provided
IN. be done without the wlllful intent
lis distressing or harrssslns the def-
"a dsnt The question OF intent Is o.
too difficult 10 establish before the {
binary jury. hence the law Is prs
III tically OF no effect.
get There should be an effective Il
nat prohibiting the solicitation OF p,
o., sonal injury claims by or for
tornoys. and prohibiting ayr,
ments by which attorneys may dire
S ly or indirectly pay any part OF :
costs or expense OF litigation exc,
expenses actually incurred In {
u preparation or trial OF case. T
I'd growing discomfort with the Admin
my tration OF Justice admonlshes q
act this most important part OF COVE
ion mental machinery In In bad vi
a.. A country whose courts are not
spected II on the road TO anarc
Let us eliminate from these insti
lions everything that makes unris
'"' eous judgment possibility. or wo
lca' submit them to public reproach.
the honored judiciary stands at the 8,
Tor NIT OF enlightened society. Il Is
res refuge OF the weak. and guide 10
ar strong II Is the fountain OF just
Of which u has beea said. ctr
Is its handmade. freedom It's chi