The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-03
Reform of Our rIinor Courts.

Among the several interesting papers
read before the Pennsylvania Bar as
sociation at Cresson Springs, one by
Thomas Patterson, of Pittsburg, on the
inadequacy of the judicial work of the
average justice of the peace com
mands especial attention. The pres
ent status of these courts" said Mr..
Patterson, "is the direct result of the
law, much more potent than any upon
the statute books, that a man will
seek and get gain where he may do
so free from risks of punishment. with
out cmbarras ssment from refined ethi-
cal considerations. The average man
who fills the position of justice of the
peace has his clientele. and like you
and myself is anxious that it should
increase and multiply. Like us he is
dcsirous that business shall be brought
to his shop. and that he may be well
and favorably known in the quarters
whence such business originates" I'm
der the practical workings of this sys-
tenn. Mr.. Patterson said, the judge is
the adviser and counsellor of those who
far as the substantial results are con-
cerned "a slot machine which would
allow the depOsitor of small sum to
draw blank judgment for a limited
amount would do just as well, and be
economical" one of the evils of the
system, he said, is the disrespect it in
spires in the public for the admins
tration of justice as a whole, and an
other evil is the COngosting of the
common pleas courts with a mass of
trihng litigation, cases ordinarily in
volving no important questions of law
Mr.. Patterson offered as a remedy
for this system the suggestion that
Pennsylvania copy the English small
debtors court system. In these courts,
of which there are SIS in England, jur-
isdiction is given of debts, demands
and damages to not more than 500,
hut actions of ejeCtment or actions in
which any corporal or incorporeal
hereditament, toll market or franchise
is brought into question are excluded,
as are also constructions of wills, set
Elements and actions for malicious
prosecution. for libel, slander and Sc
duction, and for breach of promise of
marriage. The judge is appointed for
life or good behavior and all fees go
to the state. Mr.. Patterson argued that
this small debt court could be trans
planted in Pennsylvania with satisfac-
tory results under law providing that
before it all causes of action arising
out of contract, express or implied,
to an amount not in excess of $500
could be brought, the adjudication of
the Judge to be final on questions of
fact, but to be subject to revision by
writ of error to the common pleas
court of which his district is a part on
questions of law, where the amount in
dispute exceeds $25. He contended, fin
ally, that in this way small cases could
be adjudicated without greater eX-
pense to the community than is now
experienced in the useless litigation
before Justices of the peace" The waste
of time and money to the litigants
and the state by the crowding of the
common pleas calendar with these
small cases would also be avoided
Like most reforms, the foregoing
proposition, excellent as it appears,
would be fought vigorously by those
whose revenues it threatens, but we
believe the better judgment Of the peo-
pie would eventually sustain it.