38 Conn. 237 | Conn. | 1871
Both parties claim that there is but a single count in this declaration. It is impossible to look at this record from a common sense stand-point, without coming to the conclusion that the real matter in demand did not originally exceed the sum of fourteen dollars. The declaration consists of six different parts, in each of which the consideration for the indebtedness is differently stated. In form also each part alleges a distinct indebtedness of fourteen dollars. In looking at the face of the declaration therefore, it may be read as stating a demand, or rather several demands, amounting in the aggregate to eighty-four dollars. It may also be read as stating a single debt of fourteen dollars, the consideration of which is variously stated in order to meet the proof, and avoid a variance. It is manifest that the pleader intended it should be understood in the latter sense, as he concludes by demanding twenty-five dollars damages only, while the whole sum, if understood in the former sense, is much more than
The defendant further contends that that statute is an infringement of the right of trial by jury, and therefore unconstitutional. The point made seems to be that at the time the constitution was adopted, the law allowed appeals from justices of the peace in all actions of this character, where the matter in demand exceeded the sum of seven dollars (thereby securing the right of trial by jury in the appellate court) ; and that the declaration in the Bill of Rights, that “ The right of trial by jury shall remain inviolate,” is equivalent to a declaration that the legislature shall never extend the final jurisdiction of a justice of the peace beyond the sum of seven dollars.
We ought not, except in a strong case and for weighty reasons, to say that the legislature has exceeded its powers. This court has repeatedly held that certain reasonable rules, regulations and conditions, governing the course of proceedings in jury trials, although operating under certain circumstances to cut off the right, were not infringements of the right. In those cases the reasonableness of the act in question seems to have been an important and material inquiry. Applying that test to this case, we cannot say that the act now under consideration is unreasonable. The expenses of litigation, both to the public and to the parties, have largely increased. The amount involved in this class of cases is necessarily small. No man can afford to appeal and incur the' expense of a jury trial on pecuniary considerations alone, as he is certain in any event- to pay out more than the sum in dispute. If his purpose in appealing be to annoy the adverse party, or delay justice, the denial of the right would be just and reasonable rather than the reverse. It may sometimes happen that a man maybe deprived of a fair trial in a justice court. In such cases, or whenever there is a real grievance, it seems hard to deprive the parties of the right to appeal; but it is apprehended that this evil is not largely increased by making the limit fifteen dollars instead of seven. To some extent at least the evil must be endured. Perfect justice in all cases is hardly attainable from human tribunals. On the whole it will hardly do to say that increasing the final jurisdiction to fifteen dollars is so unjust and unreasonable as to require us to adjudge the law void.
It has been suggested that, if the jurisdiction may be extended at all; there is no limit to the power of the legislature, and that the right of trial by jury may be seriously impaired, if not ultimately destroyed. The force of this argument consists in the idea that the legislature cannot safely be trusted with any flexible powers, and hence the necessity of á definite sum to mark the limit of the power. A sufficient answer to this argument is found in the fact, that the constitution itself
It would seem therefore to be unwise in the courts to adopt the rule contended for, if indeed they have the power to do so. It will be far safer, and therefore better, to leave the legislature in the first instance to determine the extent of its constitutional powers: and if in doing so the power is transcended, it will be the duty of the courts, in the exercise of their judicial functions, to give protection to the rights of individuals by declaring the law void.
There is no error in the judgment.
In this opinion the other judges concurred; except Park, J., who dissented from so much of the opinion as sustains the constitutionality of the statute.