Washington sentinel., 1855-01-13
O. 0 mmanItate0. m m
For the Sentinel.
Judiciary Reform Of the District Of
Columbia.

The bill designed to accomplish the abov'
object, which lately passed the House OF Rep
resenatives of the United States by so large
majority and which is now pending before the
Senate, has been violently assailed by anony
nous writer's both in the form of communica
tions to newspapers, and by pamphlets and
handbills.
These writer's have wholly failed to discuss
the subject upon which they have written, in
any spirit Of justice and fairness. Admitting,
as they all do, that judicial reform is demanded
by public interest they have wholly failed to
suggest the mode and measure Of reform which
is needed. They have contented themselves
mainly with appeals to prejudice, upon un-
founded statements Of facts, and show them.
selves to be, in point of fact enemies to all re-
form.
propose to notice, very briefly, one Of the
| prejudice, and calculated, unexplained, to ef
feet the object had in view, viz: TO awaken pre-
judice, and thereby to misead.
1t is the argument, or appeal, which these
writer's are pleased to denominate the "snap
judgment" system, which they allege is pro
| vded for by the bill, and which they address to
| a class in our community whom they denomi
| nate "poor debtors" and for whose interest they
seem to be particularly solicitous.
| / have always considered that writer's were
| hard pressed for arguments or reasons, who
| found it necessary to address themselves to
| classes in, community whose interests are
! homogeneous and upon whom laws must neces
| sarily act equally.
These writer's keep out of view entirely the
operation of the existing system, which secures
to q single justice jurisdiction of all debts
| amounting to fifty dollars, exclusive of costs.
Warrants for these demands may be made re-
| turnable Immediately, and the utmost time
defendant can secure, even in contested case,
is fourteen days, unless the justice in his dis.
cretion grant longer time. In cases over $40
and under $40, there is the right Of appeal to
| the Circuit Court. In cases of $40 or upwards,
either party may demand jury trial, and from
the verdict of the jury there is no appeal. So
that if either party choose it there is no appeal
in these latter cases. The Justice has no right
to instruct the jury, the verdict is conclusive,
no matter upon what ground it is found, or
how procured, and there can be no exception
or writ of error What is the practical work
ing of this system At the present term of
the Circuit Court Of this District a case
came up on appeal in which the defendant
had confessed judgment before the Justice to
| avoid jury trial and retain his appeal. The
Circuit Court decided that, by the confession of
| Judgment, the defendant had waived his right
| to appeal. In the progress of the discussion
| in the Circuit Court upon this appeal, veteran
attorney, who had once been justice Of the.
peace and whose practice before the justices
courts is very large, declared that he had never
lost case before justice where he was coun-
sci for the plaintiff, and had a jury. This gen.
| tleman is one Of the most strenuous opponents
of the bill. The bill provides remedy for
the obvious defects Of the existing system.
Now, one would suppose that the zeal which is
exhibited for the interests of "poor Debtors
would lead some of these champions of "poor
people" to have the evil have described cor
rected. 1t is no evil to poor man to be sub
ject to this stringent system, provided he owes
not more than $50; but if he owes more than
| $50, even $5l, then he is sorely oppressed If
| he does not have eighteen months to two years
after suit is brought before judgment is oh.
| tanned
In all suits at law commenced in the Circuit
| Court, under the existing system, the writ is
made returnable to term of the court, which
is the appearance term. If executed, the case
| goes over to the Importance term, six months
off; then, if the declaration be fled, and there
be no appearance for the defendant, judg-
ment may be rendered by the court if the de-
claration demand year certain, or there may
be an inquisition by jury of damages; but, if
there be an appearance, the case goes over TO
the next term-the trial term-six months
more. If there be- no dispute, or be no cause
shown for continuance at the trial term, there
is usually judgment, provided the case be
rendered; and, after judgment the defendant,
by giving security, can suspend execution for
six months longer; and, when execution does
issue, it is made returnable to term. have
no comment to make upon this system. The
bill proposes to remedy it, and adopts the sys
tenn of Virginia in the courts Of which State
poor debtors are subjected to as little oppres-
sion as in any courts in the world.
And what is the remedy? That when writ
is issued it shall be made returnable to rule
day, which is the first Monday in every month.
If the writ be returned executed, the plaintiff
may file his declaration, and give the defendant
a rule to plead. If at the end Of month, the
next succeeding rule day. be fail to plead, then a
judgment, called an office judgment, is entered;
or, if the defendant appears and pleads, issue
is made up; and, in either case, the cause is
transferred to the docket Of the next succeed.
ing term for trial. At the term the defendant
can plead as many pleas in bar as he chooses
when he has not plead in the clerks Office, or
as many additional pleas in bar as he may
think fit; if he has plead at rules, and if time
be necessary to enable him to make defense,
the court will, in its discretion, grant il. II
the defendant do not plead TO the Judgment oh.
tanned in the Office within the first fifteen DAYS
of the term, then execution may issue, but ex.
ecution may be suspended for six months, by
giving security as at present.
These candid writers say that judgment and
execution can be had in forty-fve days They
surely must have known better, or they did
not examine the bill. The court is TO meet on
the first Mondays Of March, September, and
December. The Judgment must be entered at
February, August, and November rules, at the
latest, in order TO go to the docket at the next
succeeding term, and the writ must be returned
executed to January, July, or October rules aud