El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-29
DAMAGE SUITS
GIVEN DEFENCE
P. E. Gardner Gives His
Reason as to Why They
Are Brought Here.

1.-THE reason so many damage suits
are brought here from California for
trial is easily explained" said P. p.
Gardner. California is absolutely
dominated and controlled by the rail-
roads. According to an article re-
Gently appearing in The Herald rela-
tive to damage suits. I see that but
one man in the space Of a year had
the temerity to sue the S. P. railroad
in California
The same article says that It
costs the county S44 day to try a
damage suit here. As to whether or
not these figures are correct, I cannot
saw, but it does not cost the county
any more a day to try damage suit
than any other kind OF a suit. neither
does it cost any. more to try a case
than II does to have a court in ses-
sion doing nothing. The judge draws
the same salary when he is doing
,nothing as when he is trying a case,
and jurors are paid the same amount
when they are kept sitting around the
court house idle as when engaged In
the trial of 4 case.
"RhiIrOads Run California;"
at has been said that the railroad
companies run their court business in
California with the same skill as they
operate their roads. They own the
banks. the oil fields, the street rail-
ways, the insurance companies, the
hotels and many other institutions. I
am told that even the newspapers are
not free from their subsidy: that able
lawyers are paid to write articles
condemning litigation which corporate
owned newspapers print as news items
that lawyers are condemned who
dare sue railroad companies, and that
doctors are maligned who give testi-
mony in favor of injured working men.
Such is the perniciOus influence of the
railroad companies in California that
witnesses who give testimony against
them are followed up and caused to
be discharged, and that jurors who
render judgments against them are
treated in the same manner. Intimi-
dalton is even attempted against the
given to understand that protection to
railroad companies is the price they
must pay for being reelected to Of
flee
Railroads Try to Get Control
Now this condition does not exist
in Ell Paso. Although the railroads are
trying to get control, FL Paso is a
free and Independent municipality. her
citizens are free, her Institutions are
free and that is why her reputation
has gone out to the various parts Of the
United States, that men will come
thousands of miles among strangers
that they may have their cases passed !
upon by free and independent jury.
amount which IT costs a railroad to !
try a damage suit. and says that it |
cost one railroad company $500 to |
try a case brought here from Cali /
fornia- The article does not itemiZe |
this bill OF costs. Now I have been !
convinced for several months that a |
certain railroad company has been
spending enormous sums to defeat its |
crippled employees, but 1 have been IN !
able to ascertain who was handling |
this fund or just what was being done |
with it.
A Doctors Testimony.
In my opinion IL is just as honor F,
able for q doctor to testify as to the /
injuries he finds as IL is for some other /
company to testify to what he fails I
10 find. In a recent case which was /
being tried I'm the courts OF FL PasO !
! certain eminent doctor had been !
called upon to examine a man who |
rad been injured by the railroad COM /
mony in court as to his findings. This /
doctor happened to be employed by !
the year to represent one of the |
largest corporations in this locality,
which is closely connected with one |
Of the railroad companies. On the
Of the trial. this doctor re-
ported that he could not appear in
reason that he had been notified by |
he company which he represented |
hat II he gave his testimony in court ]
n this case against the railroad COM |
)any, he could no longer work for the l
for which he was working,
Ind for this reason he was excused. !
so. we can see that while FL Paso is I
S an effort being made to plant the |
seed"