Evening journal., 1895-03-15
THE GENERAL ASSEMBLY
What the Law Makers Did in
Dover Yesterday.
THE WORK OF HOUSE AND SENATE


Road and Against All Other Electric
Roads, in Evidence Again.
stan Correspondence Evening Journal.
DOVER March 15. The senators killed
the bill introduced by Senator Pyle pro-
viding that no appeal could be taken
from the decision OF justice Of the peace
until all costs In the court below had
been paid by the person against whom
Judgment had been rendered. Senator
Records, chairman Of the Committee on
Revised Statutes, reported the bill with
out recommendation, his colleagues on
the committee. Messrs. Alrichs and
Fenimore, having refused to become
parties to favorable report. When the
measure was reported it had an amend.
ment TO the first section making It op-
tlonal with the magistrate whether or
not he should exact the costs
Mr.. Records--"Mr Speaker. | will
state for the Information of the members
OF the Senate that that bill will compel a
person against whom Judgment has been
given by justice of the peace, to pay
the costs n he justice demands 1t, before
ne can take an appeal TO higher court.
10 makes IL optional with the Justice of
the peace whether he demands the costs
before the appeal is taken. don't think
10 right to make people serve as referees.
witnesses or justices of the peace unless
they are paid for IT, Part of the commit
tee do not agree with me, but I don't see
anything wrong with the bill
Mr. Airichs-"I don't think that the
amendment changes the character OF the
bill any. It leaves it'optional with the
Justice OF the peace whether he shall or
shall not demand costs. We know on
what side Of that option the Justice will
be found. People are not compelled to
serve as referees until the fees are placed
Ia their hands. When 8 suit Is brought
before justice of the peace there are
two sides TO it. Probably on one side
would be man OF no responsibility,
and on the other man who
Ia responsible The justice wants
TO make sure Of his costs. for they all
have little bias He would be biased
against the man who WAS able to pay
the costs. No matter how unjust the
cause was the party could not take an
appeal without paying all the costs My
Judgment about the bill is that II ls an
unsafe bill TO pass We have discussed
II upon several occasions, and my
opinion has remained the same. shall
not vote TO pass the bill.
Mr.. Pyle-"Mr. Speaker, equity would
seem TO suggest that this is righteous
measure and an equitable measure.
These men ask nothing, only that they
should be paid Tor theirwo know Of
my own personal kno wledge where
constables have had to hire teams and 20
out to Christiana and Brandywlne hun
dreds TO summon witnesses and bring
them before a justice OF the peace, and
never got a penny for their time and
labor, 20 say nothing OF the money
they have spent out Of their
own pockets TO 60 out there. These
men take appeals on promlssory
notes where there Is no ground at all for
an appeal, ana whyf Simply to get more
time. The cases go up and are entered
on the record for trial and after q while
may be referred. AS a matter of fact
am told that there Is not one case In ten
where the decision OF the Justice of the
peace is reversed. ! understand that IL
is very rare thing. The costs 20 up
there and go into the hands dwell, you
know where they go and there they
stay. These men never recover the
costs, no matter whether their decisions
are sustained or reversed 1t is an abuse
that has been In existence for a long
time and the justices have been unre-
hitting in their complaints about IT,
They came here two years ago and asked
MS TO remedy It, but for some reason or
other 1t was turned down. They ask
nothing only to be paid They are not
as we'll paid as lawyers, for you have to
pay them before they speak to You
This bill seems to me to be All equitable
thing"
Mr. speaker-"W Would not that be apt
to choke a poor man outy
Mr.. Pyle-"These decisions are not
reversed more than once In ten times.
In that case the poor man must pay the
costs which have been accommodating all the
time. don't see that 1t would choke out
any poor man. This bill may probably
be objected to by lawyers. Lawyers are
good fellows. but / think they would
object to 1t for the reason that when you
take a case TO court you must have q
lawyer to present your case. It might
interfere some with their practice"
Mr. Fenimore-"I would like 10 ask
the gentleman from New Castle
what the custom Is In civil suits in his
county. think that in this county If l
bring a suit befsre justice Of the peace
he generally charges me with the costs
whether anything is collected or not, and
the same way with the constable and
sheriff The sheriff always char ges the
plaintiff with the costs.
Mr.. Pyle-"I don't know whether that
is he rule in New Castle county or not.
Mr.. Fenimore-"I5 is here, l don't
know whether it is there
Mr. Pyle-"There is one point /
omitted. Suppose a man does take an
appeal and 60 TO court, and his case is
submitted TO a jury Now It seems to
me that, as q rule, justice Of the
peaces Judgment on that would be
almost as good, and that ne would be
nearly as correct and equitable In his
decision as the juries.
Mr. Alrichs-"When failed to collect
a bill from a defendant because he was
not worth the money / always had to pay
the costs to the magistrate for himself
Rod for the constable, too. That Is the
rule with country magistrates. If man
wants to take an appeal he has to give
security for the costs. II the Justices
decision is very rarely reversed then his
costs would be collected. would be paid
over to him aud be would be safe. The
ca,,otnr hos axrlosnad howw