The Detroit times., 1915-01-12
JUSTICE COURT
ABUSES WILL
BE CORRECTED
Bill Providing For Many Re
forms Will BE Drafted by
Lawyers Club
WILL AIM BLOW AT
COLLECTION AGENCIES
Latter Use Court To Bully Those
They Sue-COrpOratiOns Are
Offenders, Too

Offenders, Too
Changes In the rules of practice and
procedure OF the justice courts OF
Wayne county, deemed necessary by
the justices and most lawyers, To cor
rect glaring abuses, will be embodied
| IN bill 10 be drawn up by members
OF the Lawyers club. II the recon-
mediation of the four justices are
carried out and the amendments are
enacted into law by the legislature.
the local courts no longer can be used
as a tool in the hands OF collection
agencies which seek 10 bully persons
into paying alleged debts and corpor-
ations which purposely seek delays 10
force people who sue them into agree
ing TO a settlement.
The other four justices. Felix
A. Lemkie. Theodore j. Richter, Fred
De Cav. and Adolph r. Marchner,
after meeting with Circuit Judge
George p. Codd, Saturday. agreed TO
submit proposed recommendations 20
the Lawyers club, and request that
the association appoint committee
to draft a bill.
AT present, IL is pointed out, a cor
Iporation which is sued by poor man.
| deliberately lies down" on the case
| In Justice court so that the plaintiff
may get verdict. Then the case is
appealed TO the circuit court. The
rich defendants, having a stenogra-
pher. get record OF the justice court
Testimony, find witnesses TO refute the
Testimony. and have an unjust adyan-
ltage in circuit court. IL they lose in
circuit court, they 90 TO the state SUI
preme court. In all. this requires at
least year and half. Such a de-
LAY. say the justices, is enough 10
force most poor plaintiffs into a set
tlement. the terms OF which usually
are dictated by the corporation.
/ Collection agencies bring cases with.
out hope of settling them in court.
They Ale no bill of particulars. and
II the defendant appears they ask for
a dismissal, only to start the cose
later
They do not expect that the matter
will be decided in our courts" said
Justice Richter Their only purpose
in filing suit is to have il hang over
a mans head as a club, and 10 give
them the privilege TO tie up mans
money and eventually worry him into
paying money which he may not owe"
To correct these and other evils. IL
lis planned to have the following
changes provided for In the bill TO
be drafted:
That no more witnesses can be sum
moned in the circuit court. when a
case is appealed from the justice
court, than appeared in the lower
court, unless affidavits are produced,
showing that new evidence has been
discovered which makes IL necessary
10 introduce more testimony.
That each justice court shall have a
|stenographer. who will prepare COM
plete records of proceedings in each
case.
That a presiding justice shall be
named by his associates whose duty
il shall be to assign cases TO the vari-
Gus courts. This will prevent lawyers
from bringing cases In whichever
court they please, crowding one room
and leaving the others empty, as is
often the case.
That all cases for the collection OF
debts must be accompanied by com
plete bill OF particulars before they
are tried.
That chief constable shall be ap-
pointed, who VIII distribute papers 10
be served among the various con-
stables, and investigate any complaint
which may be made concerning the
failure of an officer 10 obtain service.
The last mentioned change. accord
ing 10 Justice Richter, is absolutely
necessary.
"At present. we have no control
whatever over the manner in which
people are served with papers from
the Justice courts" said Justice Rich
ter. "A constable might be in con-
spiracy with an attorney TO tie up a
mans wages and have him forced into
paying money TO a collection agency,
III the constable declines TO serve a
defendant with papers, we have no
meabs OF knowing that he is not do
ing his duty. In some cases which
have been called 10 my attention. no
effort is made 70 get service on de-
fendant, because the collection agency
which is suing him really doesn't want
him TO appear in court . They would
sooner have him absent, SO Judgment
can be rendered against him. His sal
AIRY continues 20 be tied up, and In the
end he must bow 10 the collection
agency"
The plan favored by the justices fs
TO divide the city into districts, and
have constable for each. In this
manner, the chief constable could hold
each man responsible for a certain
territory and keep close watch on
the operations OF those under him
Six cases. brought by collection
agencies. unaccompanied by itemized
bills, were brought before Justice
RfChfaP NnnHGV rnnrufuR
"You bring i'm your bill of particulars
In each one OF these by O'Clock this
afternoon, or all OF them will be dis
missed" said the Judge.
Judge Codd, in his discussion with
the justices, recommended that one
circuit Judge he appointed TO grant
or deny appeals from the justice 70
the circuit court. In this manner de.
L. - nnAnlI In nrnidnI