Legal Cads Are Out

In an age of chivalry, England's tournament-loving, debt-ridden King Edward III (1312-77) took a poor view of unregulated trade. To punish merchants who went on selling their wares after a fair had officially closed, Edward's Parliament passed a law under which anyone who successfully sued a black-marketeer could collect part of the culprit's fine.

Down the centuries 42 additional acts under which private persons might bring an action and collect the fine money were passed. People who went in for this were officially called common informers.* Although branded "viperous vermin" by James I's Lord Chief Justice Sir Edward Coke, and dubbed "that legal cad" by Punch, the common informer prospered. His most fruitful law: the Sunday Observance Act of 1780. Actions against the promoters of Sunday wrestling matches have produced fines as high as $4,000. A woman collected $14,000 after suing the owners of a movie theater which put on a Sunday program.

Most celebrated of contemporary informers is Alfred William Green, who changed his name to Anthony Houghton le Touzel. He has brought more than 200 actions, fought tooth & nail to win his suits, in one case pitting himself against 14 defense lawyers. Le Touzel, who became feared by every promoter of Sunday entertainment in Britain, has admitted that he does not care what people do on Sunday, is a common informer for revenue only.

Last week, the House of Commons, without a dissenting voice, approved second reading of a bill to abolish the common informer. Said M.P. Major Edward Legge-Bourke: "In these times, when, under certain regimes in other countries, neighbors inform on neighbors--in fact it is almost their duty to do so--this bill is a sign of the fact that we detest all that form of sneaking." Said Le Touzel: "I'm finished."

*In the U.S., anti-smuggling laws and several other statutes provide for payment to informers. This, however, is very different from the British law under which the informer himself brings suit, even in cases where the police do not act.

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