New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-21
PLEA Fer MUNICIPAL COURT
Justice Oppenheimer Points Out Its
Importance to the Community.


Importance to the Community.
To the Editor Of The Tribune.
Sir: .ipropos OF the bill in the Lesislat-
ure for the appointment OF A commission
to revise the Municipal Court act permit
me to state that the property. comfort
health and happiness Of hundreds Of thoa-
sands Of people depend upon the proper
administration 81 justice in the Munlcipa'
Court Of New York City.
At tho threshold of this communication
wish 10 emphasize the monumental I'M
portance OF this court in order that distin-
guished members OF the bar who rarely
practise in this inferior court Will inter-
eat themselves in the said bill and IN other
bills which have been introduced IN the
Legislature affecting the procedure in TINS
court.
The people OF tn, State Of New YORK.
through tho Attorney General. BRING 4
large number Of actions in il TO recover
penalties for violation OF the agricultural.
tenement house and health laws Of the
state. The people Of New York city.
through the Corporation Counsel. institute
Thousands OF suits 10 recover penalties III
tho Municipal Court for the violation OF
CITY ordinances. About one bundled thou
sand summary proceedings Toy the dispos-
session Of tenants arc brought annuaIlE III
the County OF New York alone. There are
ninc districts IN the Borough OF Manhat-
tan. ami in the list judicial District nearly
forty thousand summonseS are Issued
every year
firmly believe that the practice III the
Municipal Court Is the simplest ana best
which can 90 devised by the human mlnG.
Sumrnonses must be made returnable
within twelve days on the return day
issue ~ .oned. either verbally or by NcIl-
fed answer and AT the same time various
motions. II any, must be made. sIch as
applications TOT bills of particulars or de-
mands for trials by jury. etc. Under the
rules the iudse directs that bills Of paruc-
ulars be fled within three DAYS. OF makes
an, other necessary orders on tho return
davs Of the summonscs. Then the justice
sets the case down for trial, and he has
no power under the law 20 adjourn a case
for more than eight day.
Trials In this court can be had WITHIN
Two OF three weeks from the time a sum
mons is served. and frequently triaIs are
had within q week after such service, pro-
yid-d the parties al" ready 70 proceed
with tho case. This IS substantially the
practice i'm perhaps niuety-ilVe cases on'
of q hundred Tie rules OF the Nunicipa
Co-r, ar. contained on only five pages at
The erd of "Chase's Pocket Code. These
rule. hay. the force OF IA" only u ap-
proved bv the appellate divisions ot the
nfst and second departments. Nearly
every section Of the Municipal court h't
has been construed by the Appellate Di-
Vision ~ the -. oud department and IN"
APPELLATE terms of the ;irst and scconG
derartruert. There al. nearly iour thol-
s,rd eectt,ns % tu" code relating q
counts ~ record. There are only 3ej sec
tions affecting the Municipal Court Sec
lion :. Of the Municipal Court act is As
follows.
TIL. provisions o. the Code OF ''NiI
Procedure and Negotiations of the 81
preme Court. a. ;tey may be itom 'me 10
time. shall apply TO the Municipal 'our
Il. far 49, ~. sam, can De- mad" applcs-
BE and are not H. conflict with the pro-
vision. ~ this act in case Of sNch con-
niot this at shall govern.
respcctuuy ask FOR ID careful pc
russI ~ this section and that proper
stress uc laid upon i. From nay expert
cncc of over three years a. member ~
the Municipal Court bench ! an nuul!
convinced that any material changes IN
The proc 4duir az this court VII lead 70
comrlexit, rather than further sii"pl'i-
~ aud b, highly d-t!iinc entail 90 the peo-
nj. of greater New York. The simplicity
OF tho practice s. concluslvciy evidenced
b. the fact that laynen frequently and
successfully uy thci. cases in our court
II ,hcV are poor. Wcrth less than one
hundred dollars. tho Legal Ala Society
often represents them, or the court has
the right 10 assign members 81 the bar
20 appear for them without cNacuis
corupcnsation This so-Callcj inferior
court ln many Thousands Of cases Is a
court OF last resort because the poor
people who bring actions h 1t do not and
cannot appeal. although appeals are com
raratiyely inexpensive. AS the testimony
need not be printed
To the Few energetic members OF the
bar who constitute tn Municipal court
committee ~ that most excellent society.
tho New York county Lawyers Assocla-
ton. and a Few ambitious judges OF this
court most respectfully and earnestly
urge IN the interest of justice, mastery
inactivity on their part IN respect 10 any
important change In the practice 81 the
court. sol. OPPENlIEIMER.
Justice OF the Municipal Court ~ the
CITY Of New YORK. Borough ~ Man
haitian. 6th District.
Sew York. Feb. 10. 1913.