Law -- England; Poor -- England; Poor laws -- England; Working class -- England
"Well, we did agree about one thing."
"And what was that?" I asked hopefully.
"We agreed that if we couldn't settle what I ought to pay," he replied,
eyeing me with doubt and disapprobation, "that we should leave it to a
respectable man."
Now what he really wanted was a judge full of bucolic bias and well
acquainted with vaccine and equine learning. It was only I fancy in a
veterinary sense that he considered that I was not respectable.
And nowadays when we open the Courts to new applicants, and turn over
great schemes of workmen's compensation to judges to deal with, we want
judges to work them who are in touch with the needs and lives of the
working class, not necessarily folk who want to exalt the poor on to
unreal pedestals and clothe them with impossible virtues, but people who
know how near their faults and virtues are to those of the rest of
mankind.
And when we find American judges deciding that no system of workmen's
compensation is to be allowed to become law, and when we note that the
most learned judges of our own Appeal Courts differ constantly as to the
meaning of the words of our own scheme, thereby causing delay, confusion
and expense, it raises a question in one's mind as to whether some far
less exalted Court of Appeal--say, three County Court judges who have to
try these cases face to face with the men and women who are interested in
their decision--would not better meet the wants of the community in
carrying out the scheme and come nearer to the ideal of "the respectable
man." A bishop has once been a curate, but a Lord Justice of Appeal has
never been a County Court judge. The Workmen's Compensation Act is a
practical business machine of a complicated character, and it is scarcely
a sensible thing that the men who have to keep it going should work under
the theoretical direction of men who have never seen it working.
And there is another reason why the appeals in these cases should be
removed from the Court of Appeal, and that is a very practical one--the
Court is over-crowded and has no time to try them. Even now as I write
there are cases, many of them perhaps merely questions of the payment of a
few shillings a week, which have been waiting for many months to be
reached. From the point of view of everyone concerned, except the lawyer,
there is no health in this litigation. In so far as the administration of
the Workmen's Compensation Act has been a success it has been because
insurance companies and employers and trade unions and workmen have either
kept out of Court altogether or, when they have got there, have assisted
the registrars and judges of the County Court to work the thing on
business lines and have resisted in a large measure the temptation in the
uncertainty of the decisions to speculative litigation. There is still
enough English common-sense left among us to muddle through most things,
but the Workmen's Compensation Act, as interpreted in the Court of Appeal,
has tried it fairly high.
Public-domain text, read in full here on John Shaqi.
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