Early Development of Legal Question and Answer Columns, 1860s-1880s

For newspapers, creating a rapport with their readership was of paramount importance as a means of increasing distribution and influencing readers.^[563] So-called service-related material, catering to the needs of the readers as expressed by their spontaneous letters, could be published to consolidate this nexus.

In the 1860s and 1870s, several newspapers and periodicals imitated Suometar^,s successful model of rural correspondents and introduced col­umns called “Correspondence” (Finn. Kirjeenvaihtoa). Rural people sent the editors written texts in hopes that they would be published as articles. As researchers have observed, the newspapers received such an influx of letters and texts that only a portion could be published. Consequently, the editors acknowledged the receipt of the texts and explained why these could not be published (for example, too mundane/long/private).^[566]

Newspapers also received occasional questions and queries from their readers and these could be published with or without answers written or procured by the editor(s).^[567]6 In provincial newspapers, these could be of local interest, involving municipal or provincial administration and finances. As these could be answered on the pages of the newspapers, they could make visible local disputes and rivalries.^[568] “Rural correspondents” tended to receive quite small fees if any.

As for legal matters in newspapers, parliamentary work, administrative issues, and the justice system were generally popular topics in Finnish newspaper editorials in the latter half of the nineteenth century.^[571] Newspapers covered discussions in the Diet on legal issues but also pub­lished longer pieces on the topics under debate. For example, the Helsinki­based Paivalehti^[572] (Eng. “Daily Newspaper”) published a long article on usury, credit, and rent in response to parliamentary discussions.^[573] Other legal articles in Paivalehti dealt with joint-stock companies and vicarage tenants.^[574] Even later, legal issues and the judiciary were popular topics in the editorials of some local newspapers.^[575] However, background articles, leaders, and debates did not help answer the practical law-related ques­tions that everyday people had.

To address this gap, the newspaper Keski-Suomi (Eng. “Central Finland,” est. 1871), introduced an experiment, a regular causerie series, for educating the reading public on legal matters in 1878. Fifty such short stories were published in “The Evening Causerie” (Finn. Iltapakina) before the series ended in 1881.^[576]5 In these, “Jussi Kanervainen,” a pseud­onym for Johan Kristian Svanljung (1829-1891), long-time judge at the town court of Vaasa, educated readers through miniature play-like dia­logues between an older experienced juror and his young neighbour, Matti of Ilpojarvi.

Basically, any newspaper could receive occasional legal questions from the public that it could choose to publish—and even answer. For example in 1882, “G. R.” asked the editors of Rauman Lehti, a regional west-coast newspaper, a question about which farms were freed from the costs of members of parliament. In the answer, the contents of the Parliament Act (Valtiopaivajarjestys) were explained on this point.^[580] In 1884, a reader of the Tampere-newspaper Aamulehti (est. 1881), using the pseudonym “Inquirer” (Finn. Kysyja), posed “a humble question to experts on the law.” It involved suing a person under guardianship without the consent of the guardian and the municipal guardianship board.^[581] In a further example from another newspaper, an anonymous reader sent a “small legal question” on the yearly fees to the local sacristan (Finn. lukkari), a form of ecclesiastical taxation, to Hameen Sanomat^[582]

Similarly, the editors of Uusi Suometar, Suometar^,s successor, answered the question of Kaarlo Paturi of Janakkala by explaining what the Parliament Act §13 stated regarding counting the votes in the election of electors in 1884.^[583] Uusi Suometar also answered in its “Correspondence” (Kirjeenvaihtoa) section legal questions from its readers, like the short statement in 1887 regarding a question about a power-of-attorney (Finn.

Some questions in Uusi Suometar in 1892 involved communal admin­istration and decision-making of the school board.^[588] Others dealt with the field of inheritance law from apparently two different readers. A question from “T.” related to the rights of a rural widow to her deceased husband’s inherited land and the power of the husband to sell such property without the consent of his wife or children. The editor answered the question of spousal matrimonial rights to each other’s property in different situations broadly. The nom-de-plume “Selitysta haluawa” received a short answer regarding the right of representation in succession.^[589] Legal questions and answers appeared occasionally in the correspondence section in Uusi Suometar apparently without being a regular feature in the paper. In the Turku newspaper Aura, the publication of legal questions and answers was relatively rare. A question from March 1887 was addressed to Aura’s editors by pseudonym “—a—,” and the editors were requested to explain an outdated point of law to the readers.^[590] In the 1890s and 1900s, the provincial newspapers Wiipuri^{[591] [592] and Turun Sanomat50 also published such queries and replies occasionally, following the example of Uusi Suometar.[593]}

These examples demonstrate that there existed a need for legal advice in the Finnish countryside especially and the “correspondence” or general Q&A columns were occasionally used to answer this need.

Regular Legal Question and Answer Columns, 1890s and Beyond

The first specialised and regular legal Q&A column was probably launched in 1891. In December 1890, the editors of Paivalehti announced that it had acquired the services of many experts who would answer legal ques­tions the following year. An embryonic legal “Questions and answers” (“Kysymyksia ja vastauksia”) column was started the following year.^[594] In 1892, Paivalehti published over 40 questions and answers creating a regu­lar legal Q&A column. Unlike Uusi Suometar, Paivalehti published the questions and the answers even though they might have been edited. By mid-March [nr. 13] the newspaper began numbering these questions and answers.^[595] This gave the column a regular, systematic, and consciously maintained image. The questions were published in irregular clusters so that none were published during six months (February, April, May, July, September, and November). The numbering continued running [nrs. 47-51] in the first queries and answers published the following year, in January and February 1893.^[596] However, the consecutive numbering was discontinued in later issues that same year, and each Q&A column became separately numbered suggesting some lack of coordination.^[597]

One of Paivalehtfs first inquirers in 1892 wished to have an answer from “experienced lawyers.” Some of the first questions dealt with the formalities of a letter of credit, hunting by poison on someone else’s lands, the authorising of evening events, and drafting of conscripts. This shows the hotchpotch of legal issues affecting rural people. The questions and answers were formulated in good clear Finnish, possibly edited by the paper as the Finnish language was not yet standardised.

The liberal Fennoman Uusi Savo, whose precursors Savo and Savotar had been suppressed by censorship in 1891, was a quickly growing news­paper based in Kuopio until it too was shut down in 1903.5⁸ While Uusi Savo had answered some legal questions in 1891,^{[599] [600] it evolved into an embryonic legal Q&A column two years later under the title “From the Public” (“Yleisoltan) and the subtitle “Questions and answers” where even non-legal questions from the public were published. In 1893, a total of 11 questions were answered in five issues, while two other longish legal questions of the readers were published, but without being immediately answered by the editors.[601] In 1894, eight questions were answered in five issues.[602]}

There seems to have been a pause in 1895, while Uusi Savo advertised its legal Q&A columns in early 1896 and resumed it. The facts that the column was mentioned in marketing the paper and that 23 questions then were published demonstrates a conscious effort to create a Q&A column and to use it to attract readers. Indeed, the distribution of Uusi Savo increased in the 1890s: from 3300 in 1894, to 3810 in 1895, and to 4660 in 1898.^[603] However, only sporadic legal questions and answers appeared in 1897 and 1898.^[604] This may have been due to a lack of legal questions sent to the newspaper or a disinterest in maintaining and devel­oping the column.

After Paivalehti was abolished through Russian censorship in 1904, its successor Helsingin Sanomat made its legal questions and answers column a recurrent and important feature of the paper starting in 1905. On 10 January that year it published two questions and answers regarding com­munal taxation. These two unnumbered questions were followed by oth­ers so that soon a regular legal Q&A column was established. While the question published on 10 February was still unnumbered, consecutive numbering commenced the following day with questions 13-18.^[605] Soon, this column and the legal experts answering questions was used in adver­tising the paper.^[606] For example in 1909, Helsingin Sanomatpublished 132 (mostly consecutively numbered) legal questions and answers in 27 issues. Kaarlo Juho [K. J.] Stahlberg (1865-1952) answered about four-fifths of them and Frans Oskar [F. O.] Lilius (1871-1928) the rest.^[607] Both had previously acted as the paper’s legal experts for several years and would continue to do so in the future.

Yet, the range of newspapers receiving legal questions suggests the strong need for inexpensive advice amongst the public. As Marianne Vasara-Aaltonen discussed in her chapter, the legal problems of (female) workers were seminal in establishing legal aid in Finland. Although the emerging Socialist Party had some distrust towards the bourgeois legal system and lawyers, they came to observe that even workers needed legal aid. The Socialist Party established in September 1912 its Workers’ Legal Advice Bureau (Finn. Tyowaen Iakiasiain neuwonantotoimisto). Between 1 September 1912 and 15 January 1913 the bureau verbally advised 351 persons and gave written advice 46 times.^[608] Similarly, Socialist newspapers, such as the leading Helsinki-based newspaper Tyomies (Eng. “Working Man”), answered occasional legal questions on its pages.^[609] However, the Viborgian periodical Tyo (Eng. “Work”) attempted to establish a regular legal Q&A service in 1914. The first questions and answers were pub­lished on 10 February, while apparently the last were issued on 3 June.^[610] The newspaper for teachers Opettajain Lehti answered 80 questions between January and December in 1907.^[611]

The enthusiasm for regular legal Q&A services was such that even Kurikka (est. 1904), a Socialist political magazine of humour and satire, joked about establishing one of their own in 1913. Claiming that they had employed with much expense a lawyer who had without cause been imprisoned in a mental institution, they invited only the most difficult questions as the legal counsellors of especially the dailies were not to be trusted.^[612] That year Kurikka even published several satirical legal ques­tions with their answers under the pseudonym “Lainoppinutⁿ (“Jurist,” lit. “Learned in Law”). Some of these were quite silly and non-legal, oth­ers had a serious background, like the case of a man who had died as a result of excessive police force.^[613] These may have had entertainment value, but the popularity of legal Q&A columns suggests strongly that the read­ing public embraced the possibility of gratis expert advice.

Actor Perspective: The Experts

Competent experts, who wrote lucidly, were crucial for the success of a Q&A column. For some newspapers such as Helsingin Sanomat in which the legal column was a permanent feature, the identity of its top legal experts, Senator, Professor K. J. Stahlberg and LL.D. F. O. Lilius, was of paramount importance and constantly emphasised. Both used their initials after their answers identifying which of the two had answered each ques­tion. For example, Stahlberg (K.J.S.) answered the first legal questions in Helsingin Sanomat in 1905.^[614]

Similarly, when the agricultural periodical Pellervo was established, it publicised that it had recruited many experts from various fields as its con- tributors.^[615] Its policy of using experts answering questions became more systematic and ambitious, while the identity of the persons answering questions and their skills became more pronounced in marketing Pellervo with time. For example in 1902, some legal answers had only been signed “J. K. P.” and the identity of the expert answering a question on land ten­ancy was disclosed by the signature “Ph. S.” in 1904.^[616] Some years later, several lawyers were listed among over 20 of its experts, each having spe­cific fields of expertise. The list of all experts was headed by K. J. Stahlberg who answered questions related to the Land Tenancy Act and municipal taxation. Onni Karhunen (1881-1937), secretary of the Pellervo-Society, specialised in cooperatives, Kyosti Haataja (1881-1956) in land surveying and border disputes, while Arvo Haveri’s (1881-1934) expertise lay in norms on ditches and fences. Ecclesiastical taxation was the field of the clergyman K. N. Karilas (1852-1911).^[617]

Wiipuri, which only occasionally published questions and answers, entrusted some answers to the local advocate, Johan Viktor Falck (1862-1949, after 1906 Havu), who used his initials J.V.F.^[618] Wiipurin Sanomat announced in December 1892 that its contents were diversify­ing. It would follow legal cases in the town’s courts and administration as much as possible. Moreover, the lawyer J. Zitting—probably August Johannes Zitting, official at the Viborg Court of Appeal—would answer legal questions in the newspaper.^[619] Turun Sanomat was published by the liberal advocate Antti Mikkola, who also answered some of the questions using his initials (A.M., probably also A.).^[620] Due to Mikkola’s long asso­ciation with Turku both as an advocate and a politician, his identity through his initials was probably known to readers. Similarly, the pseud­onym “E.J.A.” probably the young official Eino Johannes Ahla (1888-1961), later judge and president of the Supreme Administrative Court, managed the legal Q&A column of Uusi Suometar between 1913 and 1916.^[621] Twenty-four of the 25 answers in Tyb were signed by R.J. [or R.I.] and one by W.S.^[622] W.S. may have been Wilho Sarkanen (orig. Vasili Subrinsky, 1884-1940), who regularly advertised in Tyo that spring. However, none of the three other Viborg lawyers, who advertised in Tyo, bore these initials, and there is no obvious link between them and the short-lived Q&A column.^[623] The expert consulted by the teachers’ periodical Opettajain Lehti also used initials (K.G.A.), but later the answers were signed “Editors” (“Toimitus”).⁸

However, several newspapers did not disclose the identity of their expert lawyers. The answers were sometimes anonymous or signed “Lawyer” (“Lakimies”). For example, Laatokka advertised that its ques­tions were answered by competent lawyers, but it did not reveal his/their identity.⁸4 The same applies to Paivalehti that had published the first regu­lar legal Q&A column since 1892; its answers were anonymous. Many well-known Helsinki lawyers were associated with Paivalehi for example, as its treasurers (advocate F. Emil Snellman) or chairman of its board (advocate John Svanljung), or in other capacities (advocate Kaarlo Castren). Moreover, other eminent lawyers wrote articles for it: Emil Forsstrom [E.F.], Heikki Renvall [H. R. or H. R-ll], Einar Book, Edvin Castren, Hugo Lilius, Kaarlo ignatius, Antti Mikkola, Albert Luoma,

K. J. Stahlberg, and E. W. Wallden.^{[624] [625] [626] The occasional legal answers in Uusi Suometar in the 1880s and 1890s were anonymous even though we know that some distinguished lawyers wrote articles for the newspaper.[627] The same is true of the nameless legal expert(s) of Uusi Savo.[628] Others used pseudonyms. For example, the occasional answers in the Socialist Tyomies were signed “Lawyer.”[629]}

There are probably several explanations as to why many experts remained anonymous. Editors may have answered some questions them­selves or consulted different lawyers. Some lawyers may have preferred that their names and identity were not disclosed as their answers and advice occasionally provoked controversies among readers. Moreover, the experts answering the questions of readers were probably inspired to con­tribute by a mixture of reasons. Naturally, financial remuneration was important as experts as well as other contributors to newspapers were often paid for their answers. The fees varied in time and place. However, these tended to be modest.^[630] As Paivalehti struggled economically in the early 1890s, the treasurer was stingy with the contributors’ fees, and it was often late in paying. By contrast, Uusi Suometar was financially sound and paid its contributors regularly in the 1890s.^[631]

In addition to actual fees, those experts who were practising lawyers received visibility in newspapers and gratis advertisement for their legal services. Johan Viktor Falck, who answered questions for Wiipuri in 1895-1896, was an official at the Viborg Court of Appeal and a practising advocate. He also acted as the advocate for the poor in the town even though he was politically more traditional, later representing the Finnish Conservative Party (kokoomus). Moreover, certain issues of Wiipuri, where Falck answered legal questions, contained advertisements for his own law firm in which he “gave legal advice and practiced advocacy.” Falck also needed the income to provide for a growing family: he had married in 1894 and his son had been born the following year.^[632]

In addition, several of the lawyers, known to have given legal aid on the pages of newspapers, had political careers. Some even became MPs. Answering legal questions provided visibility in local newspapers and gave them popular outreach. Antti Vilho Mikkola (orig. Anders Vilhelm Mikkola, 1869-1918), who answered some questions in Turun Sanomat, was a farmer’s son. He took first his M.A. in 1894 and then a law degree in 1899. After that, he acted as an advocate in Turku until 1918. While practising law, he became involved in local politics becoming a councilman in Turku in 1903. However, he aspired to national politics and it was hardly coincidental that he established the newspaper Turun Sanomat in 1904, the same year he was elected to the Diet as representative of the Bourgeois Estate, later as a member of the Finnish Liberal Bourgeois party (nuorsuomalainen puolue). Mikkola was editor-in-chief of Turun Sanomat in 1904-1905 and then became the chair of its board.^[633]

As mentioned above, Helsingin Sanomat published 132 questions and answers in its column in 1909. K J. Stahlberg answered about 70% (93 questions) of these, F. O. Lilius about 30% (38 questions), while “H. H.” answered one very particular question on life insurance. Both Stahlberg and Lilius had acted as the paper’s legal experts for several years and con­tinued to do so in the future. What motivated them?

The prolific K.J. Stahlberg, later professor of administrative law, had a long political career. He started as an MP, progressed to senator (minister) of trade and industry, and ended up as the first President of the Finnish Republic. Stahlberg had written his doctoral dissertation on vagrancy (Irtolaisuus Suomen lain mukaan, 1893), and in the early 1900s, he wrote commentaries on the decree on rural communal administration (1901) and the Act on Rural Land Tenancy (1903).^[634] However, Stahlberg’s back­ground was modest: having no inherited wealth, he had to work to help support his widowed mother and siblings and later his growing family. He married in 1893, and between 1894 and 1908, he and his wife had six children who all lived to old age. He held some consecutive university and administrative positions before he became professor of administrative law in 1908. Stahlberg started his political career as councillor of the Helsinki town council 1901-1903, after which he represented the Bourgeois Estate 1904-1905 at the Diet. In 1908, he was first elected to the Parliament, and he would be reelected several times. Stahlberg belonged to the mod­erate centre of the Liberal Fennomans.^[635]

Stahlberg had written his first article on a legal topic for Paivalehti in 1890 and began to contribute more regularly in 1894. His newspaper articles increased in frequency beginning in 1904.^[636] The fact that Stahlberg was a frequently used expert in answering legal questions largely pertain­ing to the interests of the countryside in both Helsingin Sanomat and Pellervo made him a household name across party-lines and enhanced his political career. He was extremely assiduous in answering legal questions in newspapers: in Helsingin Sanomat in 1905-1912 and, as mentioned above, in 1909, he penned about 70% of the published legal answers. Stahlberg also published a book Lakiasioita (“Legal Matters”) (1912) that contained 417 questions and some articles, most previously published in Helsingin Sanomat and Pellervo.^[637]

Like Stahlberg, F.O. Lilius was also involved in politics as a Liberal Fennoman. He had a long career as an official in the Judicial Department of the Senate, that is, the Supreme Court, drafting laws, and as a senator. He was elected to the Finnish parliament in 1911 and he acted as an MP until 1917. Later, he also acted briefly as minister of justice in three gov­ernments in the 1920s.^[638] The visibility obtained by regularly appearing as a legal expert in the national Liberal Fennoman newspaper may have helped pave Lilius’s path to the Finnish parliament.

However, for both Stahlberg and Lilius the ideological reasons may have been even more significant than the financial or political boost. Both shared the same progressive bourgeois ideologies believing in educating the public, and both wrote legal articles for newspapers and periodicals.^[639] Stahlberg had practised advocacy in 1889 at the law firm of Castren & Snellman before practical training on the bench. Fifteen years later, he had been hired as secretary of the Helsinki Committee of Workers’ Affairs. His duties included counselling workers seeking legal advice in matters related to employers or public officials two evenings a week beginning in January 1904. Later, he advanced to the chair of the Committee until it was abol­ished in 1913.^[640] This indicates Stahlberg’s long association with legal aid and counselling. A fellow Liberal Fennoman, Lilius was active in the Finnish Lifelong Learning Foundation as board member (1908-1928) and treasurer. Lilius also left considerable sums for educational purposes in his will.^[641] Thus, several legal Q&A experts demonstrated a lasting com­mitment to making the law accessible to ordinary people in various ways. Joel E. Black has observed that similar ideological reasons lay behind attorney Richard Westbrooks’s Q&A column in the Chicago Defender in the 1910s.^[642]