Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-07-24
BAR GETS BEHIND MOVEMENT
TO PETITION FOR SPECIAL
ELECTION.
CONTINUES COMMITTEE
TO CIRCULATE PETITIONS
S peeisl Committee From Bar investi-
gates and Makes Report Favorins
court-Finds Municipal Court
Success in Waterloo and pes Moines
Would Supereede Justice Courts.

The Marshall County Bar Associa-
/ ton, at a meeting held Wednesday
afternoon. got behind the movement to
call a special election to vote on the
, proposal to establish a municipal court
I in this city. It adopted resolutions ia
voring such a court, 10 supersede JUS
tice courts Of the city, approved the
| report OF its special investigating
committee and ordered the committee
to prepare and circulate petitions call
J ing for the election.
! The committee has already prepar-
ed the petitions, which are to be cir
! culated at once. The signatures OF
! number Of voters equal to Is per cent
/ Of the total number who voted at the
/ last municipal election is required 10
! call the election.
Bar Agrees On Move.
The members of the bar association
present were unanimously agreed that
the establishment of a municipal court
would be a good movement to expedite
litigation and would eliminate the two
Justice courts and the mayors court
in the city.
The resolution adopted by the bar
favoring the proposed court points out
that the state law, as amended last
winter, largely thru the efforts OF Rep
resentative Ray P. Scott. now allows
cities Of over 5000 population to es-
tablish such a court by vote. 1t is not
ed in the resolution that the district
I 10 IN
in which actions may be begun and
tried involving sums Of more than s29.
Court Docket Consested.
The. cungested condition of the dis
trict court docket is pointed out and
the fact is referred to that it takes
from six months to a year for an action
to be reached for trial. During such
long intervals il often happens that
witnesses get beyond the power OF
subpoena, either by moving away or
by dying. The resolution complains
that the justice courts are wholly I'M
satisfactory TO both litigants and at
toFneys."
The Jurisdiction Of the municipal
court would be identical in some re-
spects with that Of the district court
and would be A court of record from
| which appeals can be taken direct TO
the supreme court.
Its Jurisdiction in civil cases extends
! I'D to sums involving $1,000. Its juris-
| diction In criminal cases Is no greater
than the Justice court but it has jur-
isdiction over cases involving city or
| dinances.
Committee Report Favorable.
The committee from the bar that
| investigated the operation of the mum
| icipal court in Waterloo and Des
Moines reported in favor Of the pro-
posed court. This committee was COM
| posed Of Robert E. Johnson, Ray p.
| Scott, A. B. Hoover and H II. Craney.
| II found in both Waterloo and Des
Moines that the court had been self
sustaining from the start. The salary
| Of the Judge in cities OF this size. the
| law fixes at $1,000 a year. There are
no fees retained by the Judge, and
there has been no tax In either city to
support the court.
| At Waterloo the committee inter-
viewed attorneys, business men and
city and county officers. They found
all of them strongly in favor Of the
court and pointed TO it as a great i'm
| provement over the justice courts.
Great Saving of Time.
At Waterloo they found the court
was il session practically ali OF the
| time. AS a time saver in litigation,
the committee contends that the NUM-
| cipal court would be a great step for
ward. The saving lies chiefly, accord
ing to the committee. in the much
shorter time in which cases can be
| brought to trial and the fact that they
can be appealed directly to the SUI
preme court. Another important fea-
ture, 1t was pointed out, is that the
court has exclusive Jurisdiction over
| cases arising over controversies about
| city ordinances. This Jurisdiction
would keep a certain number of such
cases out of the district court. In GRIM
| inal cases, however, the court has only
the powers Of a preliminary court OF
| investigation and for major offenses
can do no more than bind the defend
ant over to the grand jury. In minor
offenses it can sentence up to thirty
days and impose fines up to 800. The
appeal in criminal cases Is, Of course,
to the district court.
Jurisdiction In County.
Inc JURISDICTION OF the court WOuio
extend turnout the county. but it's es-
tablishment would not supersede JUS
tice courts in townships outside of the
city. The county. likewise, is not in
terested or involved in the election,
which Is solely municipal affair.
If signers equal in number to Is pc,
cent Of these who voted at the last
election are obtained on the Aettions
that are to be circulated, the council
must call the election and the city must
bear he expense of 1t.