Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-03
M|AARD BILLS ARE
BLOW At POOR, SAY
MANY IN PROTEST
Sponsor, However, Denies AbO-
litiOn OF Nen=Suit Privilege
Would Aid Corporations.
FURTHER DELAY IN COURTS
WILL RESULT, is CLAIM
Jacob [. Newman Sends StrOne
Appeal to Senator Osborne
for Aid in Fight.

That the bills introduced in the
Assembly. last week by Assem-
blyman Duane e. Minard, of East
Orange, to regulate District Court
4 practise favor corporations and
tend to make it almost impOs-
sible for poor man to conduct
litigation, is the belief of many
lawyers of this city. As result,
considerable comment and dis
satisfaction have been aroused.
MIR. Ninard was seen today and was
extremely enthusiastic in favor of the
bills.
"'The blI in regard to nOn-suit, you
say, is meeting with great objection"
he said. 81 cannot see why. Every
one admits that advantage is being
taken of the privilege ns Ii exists Mt
present. am merely changing the
wording 40 that the matter is placed
before the Judge, and IL is up to him to
declare whethcf or not the demand shall
he granted. / was asked to make this
change; II will do no one lawyer more
good than the others. 1t will not favor
corporations more than any other iiti-
giant. do not care particularly
whether it passes or not, except TINT
think it is n good change. IL am con-
WINGED 1t does not meet with the appro-
bation OF the majority of the members
of the bar, 1 shall gladly withdraw IT,"
The bills offered change the present
laws so that the plaintiff shall no
longer have the right to submit to a.
voluntary non suit after the defense is
opened; provide for the serving. OF in
terrogatories as is done in the circuit
courts; and, make it obligatory on the
part Of the defendant to file plea set
ting forth in full the defense he has to
offer.
The alleged injustice of the move to
take away the privilege of the plaintiff
to have a halt in the proceedings when
a surprise is sprung. as is the case with
a voluntary non-suit, and the obliga-
!, ton to" allow the adverse party an in
sight m the defense to he offered be-
fore the matter comes to trial, are said
by lawyers to be too obvious to call for
an explanation. Ps,t the real objec-
lion to the matter of interrogatories,
sthey say, is the delay that is bound
to result. Heretofore q suit can come
to trial in five days, but under the new
bill seven days are given to supply the
information called for in the inter-
rogatories. and then the case may not
come to trial within five days unless
consent is given, making in all seven
teen days This makes greater the de-
lay that is now common and tying up
the court calendar
The bill, which seems to arouse the
most objection is No. 92, introduced
by Mr.. Minard last week, and is as fol-
lows:
An act to amend an act entitled AN
act to regulate tho practise Of eui;'ts
OF law Revision. OF 1900," approreS
April Ia, 1903.
Be it enacted by the Senate and Cen
eral Assembly of the State Of New Jer
sey:
l. Section 100 of the above entitled act
shall be and the same is hereby amend
ed to read as follows:
160--It shall not be necessary to call
the plaintiff when the jury returns to
the bar to deliver their verdict; the
plaintiff shall have no right to submit
10 non-suit after the defense has
been opened, except by consent of the
court. and the plaintiff shall have no
right in any even, to submit to nom
suit after the Jury have gone from the
bar to consider their verdict. or. in case
o. trial without jury, after the cause
has been submitted to tho court: and
the court may direct that tho verdict
be taken by the clerk IN oren court in
tho absence of the judge. and may Or
der that tho court remain open for
that purpose.
Jacob l.. Newman Objects.
One Of the first to place his ob5ec-
tion5 and protest In concrete form is
Jacob L. Newman. who has written a
letter TO Senator Harry V. Osborne ex-
pressing himself vigorously as regards
the injustice that he says is bound to
work on the masses if the bills are
passed.
''Why. this is the most ridiculous
thing 1 have ever heard Of" said Mr..
Newman Everyone knows that when
an adverse witness is on the stand, a
new phase of the dispute being tried
is bound to be opened up, and there
are countless other exigencies that oc-
cur. This privilege that Mr.. AIinard
s~elSs to take away was intended to
cover just such an emergency. It al
lows counsel for the plaintiff TO ask the
court to enter a non-suit against his
client. thus giving him the privilege of
bringing his suit over again with full
preparation. OF course, there are those
who sometimes take advantage of such
privilege, but I think any change to
10 made should be limited to placing
IL in tine discretion OF the court to all
low or disallow p non-suit TO take
it away altogether is manifest in
justice"
Mr.. Newmans letter to Senator
Osborne follows:
Newark, n. j.. February 1. 1910.
''Hon. Harry v. Osborne,
estate House.
s.Trenton N =