Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
At the present time we have thrown a new strain on the criminal law by
the enactment of nation-wide prohibition. The future will show whether
the main effect of this measure will be an increase in disrespect and
antagonism for law, or the ultimate removal of one of the chief causes
of lawlessness and waste. Unfortunately, the perpetual discussion
of home-brew receipts and hidden sources of supply has prevented a
general realization that we are witnessing one of the most far-reaching
legislative experiments of all time. What we ought to be talking
about is the consequences of prohibition to health, poverty, crime,
earning-power, and general happiness. It is possible, for instance,
that total abstinence for the working classes coupled with apparently
unlimited supplies of liquor for their employers may have the double
consequence of increasing the resentful desire of the former to wrest
the control of wealth from those who are monopolizing a time-honoured
source of pleasure, and of weakening the ability of the heavy-drinking
sons of our captains of industry to stand up in the struggle against
the sober brains of the labour leaders of the future. Prohibition may
thus bring about a striking shift of economic power.
The delays, expense, and intricacies of legal procedure demand reform.
The possession of a legal right is worthless to a poor man if he cannot
afford to enforce it through the courts. The means of removing such
obstacles have been set forth by Reginald H. Smith in “Justice and
the Poor.” For instance, much has already been accomplished by Small
Claims Courts, where relief is given without lawyers in a very simple
manner. When a Cleveland landlady was sued by a boarder because she
had detained his trunk, she told the judge that he had set fire to
his mattress while smoking in bed and refused to pay her twenty-five
dollars for the damage. The judge, instead of calling expert witnesses
to prove the value of the mattress, telephoned the nearest department
store, found he could buy another for eight dollars, and the parties
agreed to settle on that basis. Again, family troubles are now
scattered through numerous courts. A father deserts, and the mother
goes to work. The neglected children get into the Juvenile Court.
She asks for a separation in the Probate Court. A grocer sues her
husband for food she has bought, before a jury. She prosecutes him
before a criminal court for non-support, and finally secures a divorce
in equity. One Court of Domestic Relations should handle all the
difficulties of the family, which ought to be considered together. Much
of the injustice to the poor has been lessened by legal aid societies,
which have not only conducted litigation for individuals but have also
fought test-cases up to the highest courts, and drafted statutes in
order to protect large groups of victims of injustice. The injury done
to the poor by antiquated legal machinery is receiving wide attention,
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