Charities and the Commons: The Pittsburgh Survey, Part II. The Place and Its Social Forces

by Various

The business of an alderman is to get customers, try cases, prepare informations, execute commitments and various other legal documents.

In civil cases, it follows from the very organization and jurisdiction of aldermanic courts, and the fact that the litigant may choose his tribunal, that the aldermen are often called upon for legal advice and opinions even in advance of the actual litigation. Each alderman knows that if he advises the complainant that he has no case another alderman will be consulted. If the latter advises suit the costs will go to him. As an alderman depends for his living on fees from litigation instituted in his court, it is not hard to find one who will tell you that you have a good case.

Not long ago a landlady and two boarders,—a man and his wife,—became involved in a teapot tempest, during the course of which the landlady pointed a revolver at her boarders. A squire was consulted, who advised an information for surety of the peace. The proceeding under an act of assembly for pointing firearms would perhaps have been proper, but there was clearly no case of surety of the peace. The case came up for hearing and after a long dissertation couched in legal verbiage the squire pronounced his judgment that the case be discharged and the costs divided. The plaintiff, who was represented by an attorney, immediately refused to pay and asked the squire what he was going to do about it (by act of assembly execution cannot issue for costs alone). The squire was nonplussed, and called in his constable. After a whispered consultation, he announced that he had reconsidered and that his final judgment was that the case be discharged and the costs put on the defendant. By this time the defendant had got her cue. She refused to pay, and asked the squire what he was going to do about it. Another whispered consultation followed while the squire scratched his head in perplexity. Another reconsidered judgment was given, this time that the case be discharged and the costs put on the county.

Not only do the aldermen give advice concerning prospective cases, but they solicit business and it is very common for them to hold themselves out as collecting agencies. Some aldermen who make a specialty of such work have a printed form reading:

Claim against you for $________ has been put in my hands for collection. Pay at once and save yourself costs.

If the claim is paid without suit a percentage charge is made for the service; if the defendant ignores the notice the alderman will enter suit. In short, we have here the anomaly of a state judicial officer whose living depends on the business he can drum up, and who can be both counsel, judge and prosecutor. From this it results that when a case is brought in an alderman's court, the alderman, the judge, considers himself in the employ of the plaintiff.

At a recent hearing before an alderman, who is without exception one of the most upright and efficient in the city, the evidence of the plaintiff was very uncertain while that of the defendant was clear and convincing. The squire "reserved judgment," which means that he did not wish to give his decision in the presence of both parties. The case had been conducted by an attorney who controlled considerable aldermanic business, and this attorney not long after reaching his office was called to the telephone by the alderman who said in substance:

"Now look here Mr.——, if you think you ought to get that money in that case of yours I will pay it myself, but I really cannot find for the plaintiff because I honestly think the defendant has a good defense." Only an incident, but what a flood of light it throws on the attitude of the alderman toward the plaintiff.

Few cases are decided otherwise than in favor of the plaintiff. Exactly what proportion can never be known, because our courts have decided that the dockets of aldermen are private records and not open to inspection by the public. One judge on the Common Pleas Bench, a man who has wide experience in such matters, when asked if he thought that as much as one per cent of the cases are decided other than in favor of the plaintiff, replied, "No, not nearly." As a matter of fact judgment is so universally given for the plaintiff that a defendant who has had any previous experience, does not take the trouble to appear at the hearing, but if he desires to contest the matter, takes an appeal from the alderman's decision.

It is a wise requirement of law that a plaintiff must make out his case affirmatively, proving all the matters essential to constitute liability on the part of the defendant. It is a matter of common knowledge, however, that aldermen give judgment on evidence of the most meager kind. A copy of a bill, its correctness unsworn to, left with the alderman is a common way of obtaining judgment for goods sold and delivered. Suits may be entered before more than one alderman, and in such cases although but one execution may issue, a defendant can be harried by threats and a multiplicity of summonses. In such cases, aldermen and their constables although legally without power, may when in league with unscrupulous creditors, be the cause of the greatest injustice. Cases have been known where constables, although knowing that a levy could not be made, would, nevertheless, frequently visit the house of the defendant, post notices of sale, demand admittance in the middle of the night, and in many other petty ways harass the defendant in the hope of forcing the payment of their costs. It is well known that much hardship is done in Pittsburgh through the instrumentality of what are known as "loan sharks," who lend small amounts at usurious rates of interest, taking as security assignments of future wages, bills of sale of household furniture, and other personal belongings. The defendants in such cases, although they are protected by law, are usually poor and ignorant, have little knowledge of legal procedure and fall an easy prey to the threats of such unscrupulous creditors. It can readily be understood how much such usurers are assisted by unscrupulous aldermen and constables.