Asehoy fotsiny
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Judge Sam Heller is in his 80s,
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very vital,
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very articulate.
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He remembers the 30s,
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the depression, the evictions,
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and his days on the bench.
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Things that I remember,
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while I was sitting in
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the landlord and tenant's court,
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at that time,
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I think we had on an average of 400 cases a
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day.
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so that in five days a week,
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we had an average of 2 ,000 people
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that came into court or were summoned into court.
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90 % of them showed up and some of them didn't.
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I was then confronted,
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as I recall,
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by a daily group of 400
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defendants,
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and maybe 90 to 95 of them came in
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on five -day notices.
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Which means if a notice,
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if you don't pay your rent within five days,
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I'll start to suit an enforceable detainer and I'll
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dispossess you.
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And of course,
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where a five -day notice is given and the
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amount is correct,
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it is not more than the amount due.
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And the tenant has made no effort
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or hasn't tendered the rent.
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When the five days are gone,
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there is no legal defense.
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No legal defense.
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Inability to pay is nothing.
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Out of a job means nothing.
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Sickness means nothing.
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You've either paid it or you haven't paid it.
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When I saw this,
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I couldn't help but
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feel that something has got to be done.
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I can't throw these people out in five days.
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The law doesn't say that you have to throw them out in five days.
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The law said then,
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and I'm sure it hasn't been changed.
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that you can dispossess the tenant in five days.
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So I interpreted that five days to be the minimum,
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because there was no maximum set on it.
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So I first began trying not to
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solve the problem,
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you couldn't solve it,
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but to soften the blow that came upon these people by
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saying, well,
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how many children have you got?
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So I gave everybody ten.
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which was twice the number of days the real estate brokers,
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and I don't want to mention any particular names,
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but all the big real estate offices that have a lot of
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renters were involved.
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I offended them,
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of course, by doubling the five days,
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and then I offended them further by giving an extra day
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for each child.
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Well,
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as it went along and I saw this huge amassing,
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I began giving him 30 days.
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Then a man came in who
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told me he was a secretary for either the real estate
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board or I think perhaps a secretary of
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the big renting real estate firms.
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He invited me to have lunch with the leading real
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estate renters in Chicago.
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And we had a lunch at 24th and Michigan,
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where the old standard club that's now located on Plymouth Court
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was located.
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I don't know whether they already moved out,
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but anyway, it was at 24th and Michigan.
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When I came in there...
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The man who had invited me,
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introduced,
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there were about 20 or 25 men,
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said, this is so -and -so,
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they represent,
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they have 5 ,000 tenants.
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This is so -and -so,
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they have 8 ,000 tenants.
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When he got through,
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there were about 50 or 60 ,000 tenants represented.
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I felt,
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of course, that was done to overwhelm me with the importance of
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this man,
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of these men.
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Well,
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when we got through eating,
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He got up,
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this man had invited me,
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and everybody began smiling.
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They had, you know,
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they had worked on a question they
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were going to ask me,
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an embarrassing question.
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The number of men were there?
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There were 24,
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representing different firms.
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And there wasn't any firm in town that was prominent,
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at least in the loop,
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that wasn't represented.
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So when we got through eating lunch,
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this man who invited me and was so cordial when he came
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into my chambers,
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all of a sudden turned a hostile face on me.
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And he said,
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I'm going to ask you a question,
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and I'm going to speak straight from the shoulder.
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Do you mind if I speak straight
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from the shoulder?
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I said,
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that's where I am.
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I speak.
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Go ahead.
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He said,
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isn't it a fact that the judges decide
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in favor of the tenants because there are more
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voters among the tenants than among the landlords?
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And the 20 -year -old laughed.
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I said,
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you didn't speak straight from the shoulder.
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Had you spoken straight from the shoulder,
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you'd have said to me,
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are you playing politics in that court?
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So I'm going to answer the question which you would have asked
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me had you spoken straight from the shoulder.
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Am I playing politics?
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Well,
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if I were playing politics,
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I'd play politics with
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you guys.
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I purposely use that rough,
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vulgar expression,
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so as to kind of so -and -so.
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I said,
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because you have long pockets,
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you support those who serve you with money,
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and you have long memories.
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Who are the,
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now,
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who are the destitute tenants that come into my court?
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Out of jobs,
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poverty -stricken.
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They can't pay the rent.
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And I said,
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now, when election comes along,
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when election day comes along,
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And the man who has tried to respect the few legal crumbs
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that the tenants have runs for
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office.
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And when he is in danger of being defeated,
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one tenant will be out
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looking for a job,
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another one will sell the vote for 50 cents to
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get some milk for her babies,
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and most of them will forget about it.
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There is no political reward in helping the
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poor.
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But what makes you think?
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that the man who sits in judgment between
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the landlord and the tenant must have the mentality of
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a rent collector.
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You,
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in introducing these men to me,
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I turned towards the chairman.
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You impressed me with the number of tenants
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that these people have.
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Personally,
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I have my doubts as to the value.
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of a recommendation made by a rent collector to
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a rent payer.
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But assuming that you have so on,
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someday you will succeed in intimidating the judge who sits
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in there.
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So what will he do?
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He will,
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if the present number of people that come into the
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court keeps up,
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he will have an opportunity to throw 300 to
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400 families out on the streets of Chicago.
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When a man is hungry and is out of a job and
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nobody knows about it,
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he can control himself.
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But when you take his mattress and his bed and
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the little furniture he has and throw it out on the streets,
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he knows that the neighbors know that he is destitute and
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he has nothing to lose.
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And if you throw 300 families like that out on the streets,
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what do you think is going to happen in Chicago?
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I said,
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now...
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Suppose a wise man comes along and
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has enough energy to tell
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to the tenants of Chicago,
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idiots,
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why don't you organize?
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And then he would say to them,
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quit paying rent.
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When you get a five -day notice,
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ask for a jury trial.
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So the fellow says,
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can they ask for a jury trial?
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So I said to this real estate man,
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what makes you think the right of trial by jury is limited to rent collectors?
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Of course they can ask for jury trials.
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I try 400 cases
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a day, and it goes fast because there's no defense.
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I
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don't think that I could try more than one,
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at most,
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two cases a day.
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If they were a jury trial.
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A jury trial.
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And then,
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let's say, at the rate of $2 ,000 a week,
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you have $8 ,000 a month,
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and in four months you have 32 ,000 people who have
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asked jury trials,
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and the following month they don't pay rent again and another
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and another jury trial.
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You haven't got enough judges in Illinois.
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If they close the criminal court,
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if they close the domestic court,
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the boys' court,
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the women's courts,
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they close all courts all over the state.
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Well, no, you haven't got enough judges to try your cases.
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And then you'll wish that along came a man like Heller
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who had the courage to tell you,
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why don't you mind your own business and let him mind his business?
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So one of them said,
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well, I admire your candor,
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but you're not doing any good for yourself.
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Well, of course,
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the result was when I ran for office,
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oh,
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thousands and thousands of letters were sent out by an
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organization telling everybody in
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Chicago that I have no respect for property rights.
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I have no respect for property rights.
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Did they defeat you at that time?
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They defeated me.
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Well,
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I tell you,
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you know,
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I could have remained on the bench until I died.
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If I could have degraded myself to
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just go along,
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I couldn't do it.
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I couldn't do it.
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So I was on for 21 years,
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and that's a miracle to me.

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