Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-12-07

Omaha, Dec. 5.-To the Editor OF
The Bee: To persons familiar with
the conditions existing in Omaha
courts of jurisdiction inferior to the
district court, and the proceedings be-
for the last session of the Nebraska
legislature the Nominations OF Jesse
Palmer in this mornings Bee are
peculiarly interesting, especially inso.
lar as they demonstrate the power OF
the individual to comfort facts and ad-
vance ideas so distinctly contrary to
the real truth as to make one wonder
if the remarks be made consciously.
The municipal court law was Mr..
Palmer's pet measure. He .professedi
TO feel sorry for the awful costs OF
obtaining judgments in the justice
courts and this great addition to the
burdens of the poor debtor. The re-
suit is this: The minimum cost OF
lawsuit in justice court, including the
fee of the constable is $500. The clerk
of the municipal court demands IS
upon the filing of suit in justice
jurisdiction, and the plaintiff IS re-
CURED to pay the constables tee IN
addition. This | was told by the clerk
himself. If there is any money re-
naming after the suit is tried, it IS
refunded to the person making the ad-
vance. In one instance poor debtor
was refused the right to defend him
self unless he advanced fee OF $l,
this demand having been made upon
John Moriarity, who had volunteered
to defend the case. Again, the costs
in the municipal court for cases with
in justice jurisdiction are higher than
costs in cases involving amounts be-
yond the jurisdiction OF justice court,
where the same services are per.
formed. So much for the relief of
poor debtors by the creation OF the
municipal court.
The legislature OF which Mr. Pal
mer was a member really materially
increased the costs upon the poor
debtor by doubling the amount OF
mileage which sheriff (and con-
stable) may charge in serving process
of court. Where the fee for scrv-
! ice five miles from the court house
was 50 cents before the change in the
law, it is now 81. When we know
that in cases involving garnishment
proceedings the constable serves three
papers, it can be seen where the costs
/ increase. Take case involving per
/ son involving a defendant living i'll
| South Omaha and working for pack
! ing house. Under the old law the
constable's costs would have been:
Summons, SIPS; execution unsatished,
$l.50; garnishee summons, $l.25; total
81. Under the present law, the fees
are: Summons, $l75; execution I'M
satisfied, s.; garnishec summons,
$175; total $3.50 So much for the
reduction OF costs in minor litigation.
The bill which increased these costs
in this manner was the work OF Judge
Hunter Of the present municipal court
Where the distance il greater, as at
Willard or some of the other parts OF
the county the constable's costs are
corrcspondngly higher, but in any
case the costs are 10 cents per mile
for each paper served where they were
formerly 5 cents.
As TO the costs in justice courts
they are outrageous. In the last legis-
lature introduced bill which would
have reduced the average costs al
least 50 per cent, and in case OF
garnishment much more than that. 1t
was a bill designed to materially re-
duce costs and to make payment OF
judgments easier. 1t had the approval
of every organization before whom
it was presented fully. A delegation
of Omaha people went to Lincoln in
the interests of the measure. At a