Norwich bulletin., 1922-02-01
SAYS EXPENSE BLOCKS
JUSTICE ron THE POOP

A more tactful speaker. says Ne"
Haven paper. never said harsher things
than Reginald Heoer Smith put up 10
the audience of lawyers Monday after
noon in talking Of the poor and the
things that block them from getting jus
tlce in the courts at the annual meeting
Of the state bar association in Hendrie
hall, the Yale law school building. He
quoted the phrase ito delay justice Is to /
deny IT,"
Following the address It was predicted |
successful appeal would be made to the |
next legislature to secure legal aid pro
vision and small claims courts Hither-
TO 1t is said the attorneys in the country |
have blocked such attempts.
| Mr.. Smith began by lauding the faith
| fitness and upfightness of the judges OF
| American courts The body of substan-
| tive law we have. he also praised high
| y. He recalled the development Of Law,
| showing the gradual emergence from the
/ DAYS when it carried a heavier penalty
to assault a child Of the rich than the
| poor
Passing to defects Of our present sys-
tenn. he cited the case Of an Italian
worker who had signed unwittingly on
folded paper a contract to buy g pho
nograph He then wished to be released
from the injustice, of his assigned
do; namely, sue his employer for the
withheld wages, which was manifestly
unjust to the employer; sue the agent
for the talking machine, which meant
delay for months; or 60 into court Of
equity, which would readily tear UP the
unjust contract. but to apply called for
50 for the clerk, SIS for sheriff, and s13
for the lawyer.
Prejudices Public Agsinst Courts.
The speaker said the effect of delay
and such expense is to kindle in the
mind Of the pubic an idea that courts
are inadequate; to create a prejudice
I against all law. I'VE as lawyers know
progress is being made. Your president
CRobertson) has spoken of recent attain
ments through the Legislature of your
1 state"
: AS to cost Of fees, Mr.. Smith said
v lawyers do not realize are heavy, per-
o haps prohibitive ON a worker at $50 a
: week. Hundreds of thousands have
thus been hampered or blocked in theii
n search for justice.
IT 1t made the speaker indignant ever,
6 time he read the opinion in the case o.
y Campbell VS.. railroad in another state
r. when an impracticable bond being re
'e quired, the decision runs, TT seems al
lie most a hardship that poor man. ma.
Y, not have the right to go on with hi
re claim. Much is said Of the sovereign
right of state to tax but too little o
e. the right OF the citizen to his day il
D. court. In federal courts one may carr
"a his cause through to the supreme cour
al at Washington without a penny @
charge If he be INDECENT. Connecticut
Id at much the same stage as Massachu
he | setts-both, Mr.. Smith said, shoul
press for legislation that will enable III
poor to proceed without payment 9
nd fees II unable to pay.
Small Claims Court.
But while delays can be avoided an
81 court fees otherwise provided, the Law
yer must have an income for this nece
sary expense, and his services are e
zee sentiai
1t is true the small claims court vi
els care for group Of such cases"
Mr.. Smith credited Prof W. r. Van
,er Of the Yale Law school with havir
worked much on details of such cour;
- The Massachusetts, court that handl
claims Of $50 and less was describe,
prompt and friendly settlement was cor
mon. and the state grange wants Il
limit raised to $50. Where there are
such courts and court expenses a
af necessary, the tendency is to drop SUI
all cases. with prejudice on the part of t
re- people against the legal system of the
de- country.
re- There is no sound solution, howev'
the said Mr.. Smith, except the supplying
ned counsel. He spoke of the public defen
out er, now a feature of Connecticut justic
cry also Of a legal aid bureau in Bosto
there is a staff of seven lawyers rece
eu- Ing 500 month who handle 5000 cas-
Id a year. The work costs SIS 900 a ye
it The speaker looked to see such ies
1ey aid provided as a public agency in CO
led. necticut. 1T would be enviable,"
Gus said, eff Connecticut led the way" &c
ditions are favorable, for the super
the court could appoint an executive W
in should appoint local legal aids. On
Lo- civil side, Connecticut has not done
of much in this matter as on the GRIMM
en- side, and less than other states.
uld Mr.. Smith concluded his address
repeating the veteran oath of an att
ney. which provides Il will not rel
the cause of the defenseless or the pen
less, so help me Cod Contributions
"a law improvement, he said. is done less
bon individuals than by associations. All
public needs is intelligent leadership
n this the trained bar can provide.
eat Mr.. Smiths topic was Justice and
way Poor. He wrote the report on the S
tch, iect issued by the Carnegie Foundati