The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1915-06-10
MANlTOw0C, WIS.,, THURSDAY, JUNE 10, 1915.
MUNICIPAL COURT BILL

About two weeks ago the Manitowoc
county lawyers met to discuss the bill
pending at Madison changing the local
municipal court procedure and Juris-
diction. The bill affects only the Man
itowoc court and is quite sweeping In
it's changes. 1t also fixes the salary OF
the Judge at $4,000 per year. 1t is now
$1,000, so fixed by the county board. A
committee consisting OF II. l.. Mark-
ham, L. w. Ledvina and Judge Chou
pek was appointed to look into 1t.
Their report WAS re ad at bar meet
last Tuesday and is in part as follows:
1--WE the committee appointed by the
Manitowoc County Bar to investigate
into and report to the members there
of as to the merits and changes to be
made in proposed bill or law now
pending before our state Legislature as
to the procedure and practice OF the
Municipal Court of Manitowoc County,
do hereby respectfully report
That we have met and as fully inves-
tigated said proposed law as the limit
ed time given us will permit.
We find as to the provision contain
ed in said bill giving jurisdiction OF di-
vorce cases to said Municipal Court
that it is the policy of all churches, the
people, the legislature and the Courts
at the present day to discourage and
delay rather than to hasten and eXped-
ite divorce cases. Our experience Is
and has been that about nine out OF ten
divorces are settled before the term of
Circuit Court is reached and there is
nothing to be gained at this time by
giving our Municipal Court Jurlsdlc-
tion of these actions. Our Circuit
Court and his stenographer reside here.
The Clerk of the Circuit Court now
receives a salary. We understand
that judgment in default cases can be
taken at most any time when haste is
necessary and that the Circuit Court
when sitting at Sheboygan has always
been willing to hear default divorce
cases.
The same may also be said of the
proposed amendment to give the NUM-
cipal Court jurisdiction of foreclosure
actions. Foreclosure actions are get
ting TO be rarity in Manitowoc Coun-
ty Most of them are default cases.
Your committee cannot now recall
more than one or two contested fore
closure cases in the past twenty years
and in cases of default Judgment in
these cases can te taken at any time
by walking to the Court House with
his Honor the Circuit Judge, or by
going down TO Sheboygan when Court
is in session there.
AS to mixing jurisdiction of the Nun
icipal Court, giving 1t concurrent Jur-
isdiction with the Circuit Court, hav-
ing common law Justice Court jury
of six men for one class of cases and
Circuit Court jury of twelve men for
another class of cases, and in fact prac-
tically making Circuit Court OF our
Municipal Court, and even compelling
our Circuit Court to step down peg
and act in certain cases in and FOR the
Municipal Court, as TO these provls-
ions we beg leave 10 report tuab III our
opinion the laws have for over CEN
tury favored smaller courts in each
where neighbors and inhabit.
ants may try out their cases quickly
and AT small expense, and for that rea-
son Justices Courts were created IN
every town. Our Municipal Court was
formed for the purpose of creating one
Justices Court inSte ad Df the many,
and we understand that it is fact that
the legislature committee OF which
Chief Justice WinslOw was a member
have recently reported in favor OF alb
all Municipal Courts OF the
State.
We are unable to perceive any great
benefit 70 be derived by increasing the
Jurisdiction of our Municipal Court at
this time. There are, as matter OF
fact, very few cases tried in our Circuit
Court in this County where the account
involved exceeds the sum OF Five Hun
ired Dollars. The Circuit Court is
now reduced to two counties-Manlto-
voc and Sheboygan, and TO our know
ledge the Circuit Court calendar has
been cleared each term OF all cases
ready to be tried during the last twen-
ty years. 49,.
Therefore, where is the need of this
increased jurisdiction?
We do not think it good policy at this
time to authorize the Municipal Court
to summon in witnesses and hold a
court in the first instance to ascertain
an offense has been commit
ed. Then in the second instance issue
the warrant and hold an examination
and bind the defendant over for trial
before himself, and IN the third instance
finally have the same person preside at
the trial of the defendant.
Generally when Court has heard
a case once he naturally becomes biased
TO ones or the other and generally
will refuse to hear the case tried over
again.
We do not think that justice would
be promoted by this procedure. The
law as it stands today gives the Court
power TO satisfy himself by compelling
witnesses TO appear before him or
before issuing his warrant OF
arrest.
The proposed bill also provides that
al examinations, recognizances and
commitments from said Municipal
Judge In criminal cases except homi-
eide and in bastardy shall be certified
and returned to tue Municipal Court
instead OF the Circuit Conrt OF Manito-
voc County at least five days before the
lime fixed for the appearance OF the
accused, etc. This provision would
practically deprive the Circuit Court
sept cases of homicide.
We do not believe it would be wise to
10 that at this time, nor do we approve
IF that provision in the proposed bill
appeals to be taken directly
rom the Municipal Court to the Su-
IRENE Court, because the Municipal
jourt being organized as central
Justices Court there ought to be at
east one court TO appeal TO in our home
county before compelling parties TO
spend large sums TO 20 to Madison Oh
IN appeal in the first instance.
In regard to the provision found in