The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-28
FREE JUSTICE is
PURE SOCIALISM
SHUKERS STATES
Financial End of Square Deal
Is Discussed.
Arguments Before State Bar
Association Today.
M'DERMOTT ON CORPORATIONS
Opposed Ideas Are Held by
American Courts.
Different Conceptions on Duty
of the Government.

]
discussed" justice. Mr.. Shukers de-
clared that few persons, especially in
this state, are denied justice because
~ their financial condition
TIC clinch his argument, Mr.. Shuk-
ers named institutions in Kansas
which aid in making justice free. He
stated that the state has provided for
the selection of all court officials, ex-
cert the stenographer and baillte, by
the people: the taxpayers pay the
jurors: statute provides an affidavit
CT poverty may be accepted instead of
a bond to guarantee costs and tie pro-
cedure for appeal to the state supreme
court has been simplified ana rendered
| less expensive
.'Swerve to Poor Man.
Further. he urged. justice courts
have been provided where minor con-
troversies may be settled speedily and
with little expense, and small debtors
courts have been esta blished in some
licensing and educating of lawyers and
Kansas judges if they lean at all.
swerve toward the poor mans cause.
When the time comes that we
own everything in common, and each
is paid for his services out of a com
mon fund, it would be proper then
that all should bear equally the bur
den of justice" he said Indeed when
that time comes there should be TO
disputes and consequently no need for
either courts or lawyers. When i'm
portuned to change or simplify the
law procedure. we must remember
that true reform goes deeper than
mere phraseoIOgy, which means that
come from broader and bigger ideals
from the bar and greater judicial poise
and courage on the bench.
Explains Free Justice
Justice should be free in that it
should be free from improper and IN
lou Ell
ministration of justice in Kansas is
now as free from such influence as is
possible for any system to be, which
depends upon human judgment. hon
esty. and fallibility. 1 believe there is
room for improvement in our admin
istration of justice. but that improve
ment must come from more scientific
training and education of the lawyer
in the schools and universities and in
the general uplift of the moral or eth
ica1 standards of the profession The
lawyer is, at least, as honest as his
clientel"
Opposed Ideas.
Two fundamentally opposed ideas
with regard to a corporations con-
tracts held by American courts have
caused the corporations of the United
States untold irritation, George t Nc
DermOtt of Topeka, told members of
the bar association m the closing 9d-
dress of the afternoon session He ex-
pialnSQ tndt Wnen ne spoke or a cor
poration's contracts he referred to the
printed documents. which company
prepares and sends to its agents to
govern its transactions with the pub
lie, such as bills of fading. express re-
ceipts, Geographic blanks, surety
bonds and insurance policies.
Mr.. McDermott asserted that of
these two general lines of thought. the
one, held by most courts, erfOrces
such contracts, if fairly ma de: the
other does not enforce them unless
the court believes they are reasonable
in their terms. He predicted that the
time must come when all courts Will
hold the former view, rather than
perpetuate utter disregard OK cen
tract rights"
Reason for 1t.
Mr.. McDermott contendcd that the
two such widely divergent opinions
concerning the same basic law arose.
in his belief, from fundamentally diff
feTent conceptions of the duty a gov
eminent owes its people
"One class of judges" said Mr.. Nc
Dermott. believes that the state, in
the exercise of its judicial power,
for him or against him, no contract
unless it be such a contract as would
have been advisable for him TO enter
upon.
The other class of judges, now far
and away in the ma jOrity, while agree
( ing that contracts should be strictly
/ construed against the party drawing
them. believes that, in the absence of
fraud or mistake, il is not the function
/ of the state. unless by legislative act.
| TO supervise or exercise the power
/ of veto over contracts which citizens
1 may make while engaged in their pri-
vate business And further that the
! integrity of contracts should not be
violated, and uncertainty and confu-
sion injected into business life, in or
! der than an individual may be saved
from his own CareleSSnesS or iTnpTo-
violence.
Represents PatcrnaIism.
The one represents paternalism in
/ government: the other individ ualisTn.
/ The one believes that individuals ex-
/ list in order that a government may
/ live; the other that government ex-
/ lists in order that individuals may live;
the one is Socialism in its highest
I sense; the other, Democracy in its
( broadest.
7 This conflict is as broad as civiliza-
ton and old. 1t has been advanced
as the underlying cause for the pres
ent convulsion in Europe Whether
I it be such. proba bly, no one knows
Certain it is that Germany stands to-
day as the great exponent Of paternal-
[ ism. and England of individualism-
! This country was dedicated to FREQ
Om-and freedom is the right OF the
individual to live and to work and to
I play. unhampered by government as
( far as he may, consistent with the
\ rights of others. There are certain
signs of the times which indicate a
! tendency to abandon that freedom for
I the greater collective efficiency which
comes with the letters OF socialism
too much to hope that the change will
! be made BY the legiS1a rur1 and 7.of