Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-05-21
JUSTICE AND THE POOR:
ARE THE SCALESHEL EVEN?
addresses of Boston and Philadelphia Lawyers Before Consti
tuonal Commission in the Matter OF Court Procedure

There has been issued BY the COM
mission on constitutional amendment
pamphlet containing the argument e
Of Reginald Hcbcr Smith. of Boston,
on the administration of justice 10
hc moor. and the argument OF James
Collins Jones. of Philddc'phia.. ~
fdror of the amendments to Article
submitted by him and Queen y. hoO-
crts, Of philadelphia. ~,
Fohocing are excerpts from Ar.
Smiths oral statement in support OF
the ncrc section proposed by ucSSrs.
Jones aud Roberts:
THE trouble with the administration
l. Of Justice in this country at the
present time is not due to the judges.
I think the general statement is war
rantcd that the work Of the American
Judges constitutes perhaps the most
faithful and upright class of scrvic" that
VIC have in the country. Although |
believe that our present method oil ad'
ministration Of justice has caused a
denial of justice in many cases to the
poorer persons. yet that system causing
n denial of justice, would like to have
il thoroughly understood, has not been
brought about as the result of evil
Manning or the Vaccinations of any
body or group. In other words, no
dominating class in this country has set
ont to wreck the machinery of justice
which would make justice impossible to
tho poorer classes. No class has con-
troll over that. The trouble is not with
that body Of the law which lawyers call
the substantive law as distinguished
from the law Of procedure. which we
call the adjective law, or the machinery
of Justice. The substantive law is the
law which creates and defines the rights
and the liabilities of persons in justice
with each other and in justice with the
state.
A Case in Point
Now. what is the situation in the
administration of justice in this coun =
fry? | would like to have you look at
that through the eyes Of an Italian
client who came to me some three wears
ocO. This is story ] like 70 tell. and
I can youCh for it because il came
within my personal experience. This
Is on Massachusetts. The Italian came
TO me and said that three weeks before
he came to see me, while leaving his
factory one day he had been met by an
agent of phonograph company who
induced him to take phonograph on
approval. The agent said to this Ital
ian, IAN you need to do to get this
phonograph on approval is TO sign your
uamc and address to this blank piecn OF
paper. so that we will know where tC
send the phonograph. The paper was
folded in this manner demonstrating
| The Italian wanted TO return the
phonograph and the agent said to him
"You cannot return it, it was sold tC
YOU on contract. lie said Come down
| to the Office and We will talk ii over.
! The Italian went to the office and the
agent then unfolded the sheet of paper
and on the upper part Of the paper haC
been printed a legal assignment of hi,
wages, so the whole thing constituted
n legal assignment of his wages. ad
mittcdly, by the man in his own hand
writing.
As to the Laws Delays
Now, the substantive law of Massa
chusetts affords him plenty of remedies
! lust as the, substance of law of youl
state affords plenty of remedies, but il
| took his case into the lower courts Of
Massachusetts appeals could be had &c
that the case would have to be triet
twice, and when you want relief to com,
you cannot stand delays. Or. coult
have taken the man into our Massa
chusctts equity courts, where we woul,
have had speedy trial and we w0ult
have an honest judge take that assign
ment of wages and tear it up. Befor,
/ could get that man into Massachu
setts equity court he woufl have TO pa,
So entrance fee, So sh2riff's fee fo