White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-03-25

: wiles of helping dishonest men to
escape payment OF their debts and
in putting constructions onto tie law
10 permit such evasions in the form
Of t~echnicalities, intricaeies and en-
tanglements, not one infinitesimal
atom of which is on the side of JUS.
tice.
And how is it worked in its vari-
Gus stages? First of all the debtor
uses the law s delays and loopholes TIC
torture the creditor into submission
and forgiveness of the debt. If the
claim is a large one he will a in
the creditors face that eve effective
threat that he will take it through
the various courts and 10 the supreme
court, and in the meantime, if not
originally, he will take care that he
is made absolutely execution proof
SO that nothing can be recovered in
any event. In the meantime years
will have elapsed, the creditor will
have gone broke and the ~so-called
Justice of American courts will again
have been proved the empty mock
cry that il is.
Courts frequently have been
charged with favoring the rich-of
being the instruments of big bust
ness. Some of them are, but 1t is
more the system than the individual
judge that is responsible for wealth
winning in the courts. The fault Is
in the elaborate arrangements for
appeals and reviews and OF carrying
the issues up to the higher courts
under various motions and writs. The
laws delays cannot otherwise than
favor the man with the most money,
for it comes down to a case of pure
endurance and the person OF small
means cannot have a lookin against
a person with unlimited means or a
corporation with its wealth aggre-
eating millions.
The Nevada law requiring that
judges file n affidavit that no s.
has been submitted for a decision for
more than ninety days before they
INA ulaW lit ID iiiC a.
the celebrated delays of tho law, but
while 1t may have had some slight
effect in isolated instances IL has not
cured the notorious evil expressed
in those words, that in any cause
whatever before a court if yor win
you lose. If the time were reduced
to thirty days il would be a further
step in the right direction, but to do
absolute justice to the rights of all,
the time would better be cut to three
days, and if any American judge can
not decide the issues in that time
let him get out and turn the job over
to some person who can. Juries are
compelled to decide before leaving
the building. Why not Judges. They
are supposed to be experts and have
less reason still for delay.
In matters involving only q few
dollars n~inety-nine of every hundred
Nevada's law requiring the loser to
pay the attorneys on both sides is
right in theory. but in practice ii
does not work out. Under its opera
tion no lawyer will take a case until
the plaintiff guarantees payment or
actually pays the fee in advance. 50
the effect is the same-the loser paws
nothing, the anne as before.
1t ought to be SO that II one man
honestly owes another as much as
one dollar the creditor could go into
court without cost and compel pay
ment. In that respect the law as 1t
is is a license and an incentive to
fraud. 1t is all in favor of the dis
honest as against the rights of the
honest.
Every person knows these state
ments to be the truth. but when 1t
comes to explaining why a so-called
free people submit to them the ex-
PLANTATION Is not easy. But they do;
yet the question is, How long will
they continue to do so?