The sun., 1919-10-22
COURT REDRESS FOR
POOR FOLK STUDIED
Carnegie Foundation Sees Best
Remedy in Expansion of
Legal Aid Societies.
ROOT WRITES FOREWORD
Inquiry Follows Application
for Funds to Increase Phil
anthropic Work.

oil UhlOplO NOih
Efihu Root has written the foreword
and Henry S. Pritchett the Introduction
to a report issued yesterday by the
Carnegie Foundation for the Advance
ment of learning and entitled Justice
and the Poor" 1t Is devoted to dis
cussion of the causes which are declared
to render 1t difficult for the poor and
ignorant to find redress in the courts
but after an exhaustive examination OF
the agencies which have been devised
to meet such a condition. ultimately
reaches the conclusion that legal aid
societies, supported mainly by an en-
thusiastic bar. appear to offer the only
remedy.
Mr.. Pritchett. who is president Of the
Carnegie Foundation, explains that the
foundation has embarked lately upon a
study of legal education and cognate
matters that a volume upon the ad-
vantages and disadvantages of the case
system has already been published, and
that the present brochure will be fol-
lowed by another touching on and ap-
pertaining to law schools and examina-
tons for the bar.
The presentation Of the present bulle-
tin, he says. was suggested by the APP
plication of certain legal aid societies
to the Carnegie Foundation for a grant
of funds, but the trustees of the cor
poration felt that thoroughgoing in
vestigation of the whole question of legal
aid should precede any such action on
their part" They agreed b defray the
expenses of such a report il prepared
with the cooperation of their foundation.
The report they now issue is based upon
visitation of all the legal aid societies
in the United States, land has been ac-
complished in a most careful and dsi-
eliminating fashion by Reginald Heber
Smith of the Boston bar"
Reginald Heber Smith then, with the
young men laboring with him, finds that
the defects in our legal system which
prevent the poor from obtaining even
handed justice are three: First, the de-
lay which always advantages the longer
pocketbook and arises from our anti
quated court organization, our overcom-
pick and supertechnical procedure; sec
ond, the expenses, in the form of costs
and fees, levied by the State third, the
expense of lawyers services"
Small Claims Courts Liked.
In regard to the delay which ad-
vantages the longer pocketbook." the re-
port mentions for favorable considera-
ton the small claims courts which have
been established in various cities, where
the presiding Judge. without the inter-
vention of lawyers, has the litigants be-
fore him, and after listening to their
stories either concilitates them or rem
ders judgement. as hts judicial intelli-
gence indicates.
The report speaks we'll also of the IN
ferior courts of domestic relations, in
which, with the Intelligent work OF
probation stats" deserted families are
afforded "unpriced legal redress" But
1t is silent on the possibility of dishonest
or testy magistrates or slothful and
stupid probation stats in the courts
mentioned. Next is taken up the ques-
ton of costs and court fees.
Certain 1t is that until thoroughgoing
changes are made denial of justice TO the
poor because of inability to pay the re-
quired court costs and fees will con-
tinue. That the present system of costs
works daily to close the doors of the
courts TO the poor is proved by ample
evidence The report insists that
statutes doing away with court costs
will not swamp the courts with specious
litigation, but does not explain what
manner Of statute, II enacted, will pro-
tect the poor man from persecution by
other poor men to whom the doors of the
costless court may stand too temptingly
open.
The report does not know quite what
to do in the third instance, with the
multitudnous brethren of the bar and
the necessity that even the poor man, il
he engage one, must expect to reimburse
him. 1t comedies that the law lacks the
straightaway simplicity OF the road &c
market, and that the practice Of ad.
vocacy cannot be recommended for the
needy litiRant on his own account.
with vast body of ever changing
law, which a man, after a lifetime OF
devotion, is only beginning to master
1t is apparent that the layman, in orde,
| to understand his rights and what he
| may and may not do must have the as.
| sistance Of counsel. We do not as IN
Neros time. write our laws in small let.
| tiers at the top Of high columns, but the
| multitudinous laws in our voluminou,
case and statute books are as hard tc
| learn.
Remedial Agencies Reviewed,
Reviewing finally the remedial agencies
such as the small courts described al
| ready, the commissions which administe,
matters of workmen's compensation 70,
injury the public defender for the relief
] OF the poor charged with crime and tn,
| tho iepoTI says.
AT the present time the legal aio
| organizations in the United States will
be able to continue to care for a Ger.
| tain number OF individual cases but
| that Is not enough. To insure the wis,
| direction and development OF organized
legal aid work there are needed mer
| or high calibre, endowed with wisdom
| and courage, who fairly represent tn,
| various elements in the community VIII,
are concerned in this work. Sucl