The times., 1899-01-17

the nerves. to weaken the heart and to
dull the brain. II is needless, and, to
to many readers. il would be painful. to
tell in detail the terrible progress of kid
ney diseases.
Warmers Safe Cure. which drives them
out of the body. is within the reach of all
see how much of burden would be i'm
posed on the District treasury by a bill
which provides that those fees shall be
paid into the treasury and that in lieu
thereof about SIS, 900 shall be paid out In
salaries
Writs Served by MarshnIs.
THE bill also dispenses with consta-
bles and makes all processes and writs to
be served by deputy marshals. for the
same fees. however. as are now provided
for constables, to be pai1 by the l!.igpr.,
as constables are now pad. This feature
of bill 9Sli, therefore, does not in any wise
touch the public treasury. Indeed, one Cf
the criticisms to which bill Mo. Il3i" is
open is slackness in making the fees pay
able at the time the service is performed
and by the party requiring the service
The bill seems to proceed largely on the
idea that the fees should simply be taxed
as part Of the judgment. to be recovered
of the losing party. That would be all
right If the losing party would only pay
the judgment, or should not prove .'eXeSu-
tion proof under the liberal exemption
laws now prevailing in the District. AT
present each party during the course of
d litigation pays the small fees 1evoly;ng
upon him. and in the event he wins, takes
his judgment fer tlem aSains; the losing
party. In this way, the justice OF the
peace. as well as tie constable is paid
for his services 1t the time the services
are rendered and without reference TO
whether the winning party can realize on
the judgment he obtains, including costs
| know no good reason why uncollectible
costs should te made % fall or the Gov
eminent. Certainly, such a feature is rot
necessarily involved in the changing of the
method of paying tsc Judges in petty
cases.
bill No. sSl4. withou; imposing any
other or different fees on litigan,s from
thoes they already pay. would produce a
revenue to the District over and above
the salaries 10 be paid by the District
Bill No. 1873 would doubtless fail to
bring in a revenue sufficient TO meet the
salaries and expenses provided In IT, es-
pecially when consider tine frequency
with which jury trials would be demanded
the party demanding the same being put
10 no initial expense whatever the Gov
ernment being the one to pay the Jury and
take chances on recovering from the los
ing party what was paid 10 the jury At
present the party demani'a H., q trial BY
jury furnishes the money with which TO
pay the jury. and, If he prevail takes
his judgment for the amount so paid,
along with the Otuer costs t. which he
may be entitled. Under the provisions OF
No. 1873. a party. either plaintiff or de-
fendant. who is himself thoroughly I.roof
( against the execution of a judgment. may
demand jury trial snlCiy in the hone of
running up The costs against his adyer-
sary, knowing that If La himself SHOULD
be the loser, the cCsts could never he
| collected.
Attorney for the District.
when the attorney for the District
Commissioners reported un bill No gSl4
he seemed to disapproye Of the provision
which substituted deputy marshais for
constables and also Of the provision which
grouped the municipal courts in the same
neighborhoOd with all the other courts of
the District but ! presume he would not
now regard either of these admirable pro-
visions Objectionable since they are
! both TO be found in bill No 1873.
The attorney for the District Commis-
/ soners in his report on bill! No 1914 SEEM
4 ed also to think that the law should be
amended to permit q case to be
/ taken up By certiorari from the municipal
! or justice of the peace court 10 the Su-
3
/ jurisdiction on the matter concurrent with
: the former. Such a practice did prevail
! for years under a rule of the Supreme
! Court OF the District permitting it, and
I fully threefourths of the cases so taken
! up by certiorari were taken up solely with
| a view TO delay and prOtract litigation
| Yhe Court of Appeals OF the District has
! recently put a stop 70 such practice. and
the practice cannot now be reversed un-
] los nv Loci la.i III,
! right of appeal is always in the nature of
| luxury, TO be possessed or not at the
| pleasure of the law making power. and,
since there should be an end TO litigation
I il would seem that a review in the Su-
preme Court of the District of the iudg-
ments OF the municipal courts would be
I sufficient for all ordinary cases, and still
/ to get the opinion OF the highest court Of
the District, in cases that may be spec
! tally important as establishing controll-
| ing precedent in such matters, il might
| be well to permit an appeal to the Court
| of Appeals of the District in the dscre-
/ tion of the latter court, this discretion TO
| be exercised on petition setting forth the
! grounds why such an appeal should be- al
| lowed. Except in the case of an appeal
that may thus, in its discretion, be spec-
| tally granted by the Court of Appeals |
do not think that the judgments of the
municipal courts should 20 further for re-
view than the Supreme Court of the
| District.
In the copy of bill No 9s14. which
hand you herewith, an amendment is in
dicated that will meet this suggestion and
also few other amendments which alto
gether, will make the bill. think ad-
mirably suited to the purpose in view and
at the same time devoid of useless repe-
tition OF what is already law"
The letter Is signed by j. Altheus John
son.
Some Opinions.
Some of the arguments given in favor
of the municipal court by local attorneys
are as follows:
Wilton j. Lambert: THE system in