Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-13
PLAINTIFF WITHOUT FUNDS
Decision by Justice Affecting Rights in Suit
to Recover Money.
Costs to BE Taxed Against Unsuccess
full Party to the Cause in
Dispute.

Justice Mills today decided that Emma F.
Stephens, who sued the Capital City Bene-
fit Society of this city to recover $40 in
dispute was entitled to have the case tried
by jury. although. as stated by her coun-
sci, she was not able to deposit the amount
Of costs in advance.
The case is regarded as of much i'm
portance, and in his decision Judge Mills
said in part:
"On the Doth day OF April 1899, suit
was commenced by the above named plain
tif against the Capital City Benefit Society
Of Washington, ID. c. returnable the 22d
day of April 1899. at 10 o'clock am. On
the return day the defendant appeared. and
by its attorney. Wharton 4. Lester, filed
and entered a plea of nil debit and after
JOinder Of issue filed d demand that the
said case be tried by jury. the sum in dis
Vllte amounting 10 500: that thereafter
April ~, 1899. the case having been con-
tinusd 10 April ~. plaintiff. by Attorney
Campbell Darlington, her attorney, filed a
motion. supported by the affidavit of plain
tin. that the cause proceed to trial. and
that the costs Of said trial be taxed against
the unsuccessful party at the termination
of said trial or, otherwise that the plain
tiff be allowed 20 proceed in the matter so
far as the costs Of the jury is concerned in
fJrma pauperis-' After argument by coun-
sci The matter was submitted and the de-
CiSipn Of the justice was reserved"
After quoting from the seventh amend
mrnt II the Constitution Of the United
States. which provides. In suits at COM
mon law, whore the value in controversy
shall exceed SD. the right of trial by Jury
shah be preserved also from sections 1903
and 100 Of the Revised Statutes Of the
United States. relating to the District of
Columbia; also referring 10 laws of other
jurisdictions which had been made applica-
bic to the District of Columbia, Mr. MILLS
says.
The justice of the peace has exclusive
jurisdiction in all sums under 800. Upon
demand of the defendant, after issue joined
Tor jury trial, the plaintiff, being a poor
person and unable to make a deposit of the
jury fees. would be deprived of his remedy
and thus hardship would work to the poor
plaintiff In the Supreme Court of the Dis
trict of Columbia the court may permit d
poor person to sue in 'fOrma pauperis, the
expense in such case being borne by the
United States, If plaintiff is unsuccessful.
In the court Of the justice of the peace
there IS no precedent for such action. for
the reason that the justices courts are
without the necessary facilities
In an opinion of Justice Haguer l find
the following language: There is no act OF
Congress requiring such prepayment By
section 996 Of the Revised Statutes of the
United States relating TO the District Of
Columbia. the Supreme Court of the Dis
trict of Columbia is required to prescribe
rules Of practice and pleading for the bring
ing and trial Of actions before justices of
the peace, and there is nothing in the rules
exact.ng such payment
This had reference to defendants; but it
should apply with equal force TO a plaintiff,
particularly If plaintiff IS poor person and
unable TO make the deposit. l am OF the
opinion, therefore. that where an affidavit
that the plaintiff is poor and unable TO
make the necessary deposit has been filed
with the court Il Is the duty of the Justice
OF the peace under the provisions OF the
said section 1910 to issue the venire and the
costs of the trial to be assessed against the
unsuccessful party at the termination of
the trial
And the motion of the petitioner to that
extent Is allowed and the venire will be is
SUED