The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-04-10
THE UNCERTAINTY
or JUSTICE
ADEQUATE 6kRRATRY LAW
NEEDED.
OF Judges Should Be
Taken Out Of Politics.

every patriotic citizen. There n
something wrong with the Admins
tratnn Of Justice What is III A
leading lawyer asserts the trouble to
be our jury system. ! think the mis-
carriage OF Justice through Ignorant
or corrupt iurfes has done much TO
/ bring our judicial system Into dis-
I rsputa But that is not the sole
cause-,juries are merely part OF the
judicial machinery The bench aud
1 bar perform an equally important
part We should inspect the entire
machinery to determine the trouble
II ia common saying heard
about the court house. Nobody can
tell what Jury viii 90" jury trials
are regarded with distrnst. Men
freely predict the result without re-
gard TO the facts II is notorious
that lawyers call for luiies when
they have cases without merit, and
strive TO select men whom they be-
lieve have some BIAS In their favor
or prejudice against the other side,
In such instances the effort is not
After Jury Is thus selecsed the real
contest begins Both sNies seek by
every means TO distort or destroy any
proposition that tends 10 sustain the
adverse contention II truth is thus
uncovered II Is an accident. II must
be remembered tina. the Judge is not
permitted 10 assist the Jury in pass
ing upon the case He is positively
prohibited from doing so. Under our
system. the jury Is exclusive Judge
of the weight OF the evidence and
credihility of the witness. The Court
must be careful not 10 invade this
province OF the jury. He sust not
comment on the evidence nor intim-
ate his opinion II the Jury returns
verdict contrary to the preponder-
ance of evidence. he has tho power to
set the verdict aside but generally
our trial judges "side.st-p" this re.
sponsibility. II goes 10 the higher
courts and these courts decline to
review the action of the jury, but will
review the ruling OF the Judge on
questions OF law
TO an outsider II would look az
though the system ia SO arranged as
that the act OF the unlearned and in.
| compctent functionary is beyond re
view. while the act OF the learned
may be reviewed Such a procedure
Is not far short OF barbarism and
ought to eb abolished Jury trials
ought 10 be confined 20 criminal cases,
Rights Of property should be decided
by men learned In the law
In addition So this. the selection OF
Judges ought 10 be removed from the
domain OF politics. Our Judges should
either be appointed, or else elected
for a long term OF years. subject IN
either case 70 recall by the voters.
Lastly, the practice OF law should
| be SO regulated by statute as to make ii
/ impracticable. II not impossible, for
4 attorneys TO stir up litigation. The
contingent fee and the lack of an
1 adequate barratry law are responsible
/ for much of the discredit brought IN
| tho courts. and much of the passion
| and prejudice SO often manifest in
/ the verdicts OF juries. Lawyers
should not be prohibited from taking
/ contingent fees, but in certain iitiga.
ton, notably personal injury eases,
should be prohibited from fixing such
/ feeo. Whenever such a case IS TAX
| en- on contingent fee, the power 10 fix
! compensation should be left with tho
courts. In fixing such fees the court
I - tN..
character and amount of service per.
formed. together with the amount re,
covered
We should have an effective law
defining and furnishing barratry The
act of employing a person to solicit
claims for unliquidated damages. or
agreeing to pay the expenses or costs
of collecting or enforcing such claims.
by attorneys or others in their be.
/ half. ought to be specifically
prohibited, Our present law is mere
sham. Any person can instigate. main.
tain or encourage litigation in which
he has no interest, provided II
be done without the wiIlful intent OF
distressing or harrassinu the defen.
6snt. The question OF intent is one
too difficult 20 establish before the or
binary jury, hence the law is prac.
tically OF no effect.
There should be an effective law
prohibiting the solicitation OF per-
sonal injury claims by or for at.
/ torneys, and prohibiting agree.
( ments by which attorneys may direct.
~ or indirectly pay any part OF the
costs or expense OF litigation except
expenses actually incurred in the
preparation or trial OF a case. The
growing discomfort with the Admins.
tration Of Justice admonishes thar
this most important part OF govern
mental machinery is in a bad way.
country whose courts arc not re-
speeted is on the road TO anarchy.
Let us eliminate from these instiul-
tons everything that makes unricht-
cons 3vNpp1pnt a f,nCefh.sfftg-