Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-04-15
'TR|ALLESS' COURT
SYSTEM IS URGED
Municipal Research Bureau
Says Cancellation Plan Will
.,.-. Reduce Costs
SUCCESS IN CLEVELAND

Small claims courts are needed in thi'
city to enforce collection Of debts o.
small amounts, the Bureau Of Munici
pal Research asserted today.
While theoretically a claim say foI
81, can be sued for before a magistrate
or in the Municipal Court. yet tht
costs would exceed the judgment, even
il the suit succeeded.
The bureau, in a bulletin issued %
day, tells how this situation is met in
other cities.
''In 1912 there was established in
the city of Cleveland r small claims
court, with jurisdiction over suits in
volving not more than $50. Every ef-
fort was made to reduce technicalities
costs and delays to minimum. A
trial in this court is simply a meeting
before the Judge, who endeavors to ge,
at the facts in the quickest and most
practical way, disregardins If advisable
technical rules Of evidence.
Lawyers Not Needed
Lawyers are unnecessary, as the
Iuubc NdItS IHt VI hil pui
ties. The total expense of a trial IL IN
the neighborhood Of seventy five cents.
The Judgment rendered is common
sense Judgment. dealing directly with
the facts. In one case. where claim
was made for the conversion Of d pair
Of shoes. the judge instead Of giving a
judgment for money damages simply
ordered the shoes returned.
The report Of another case says:
Defendant admitted he owed plain
tiff 81. but refused to pay it because
plaintiff had insulted his wife. Plaintiff
denied that he had personally insulted
her, but admitted that one of his EN-
ployes might have done SO. The court
ordered plaintiff to telephone the wifi
apologizing for anything that had been
said. Plaintiff did so, using the tele-
phone in the judges room. Plaintiff
was then given judgment for 81
Plan Tried Elsewhere
The success Of the Cleveland court
in dealing with this class Of cases has
led to the establishment of similar
tribunals in New York, Chicago, Balti-
more, Minneapolis and a number OF
other cities. These courts differ in many
ways, but their guiding principle is the
same-speedy and inexpensive justice
for the poor.
MANY of these small claims courts
apply the principle of conciliation. The
procedure is most simple. Before a case
comes to trial the judge brings both
parties together. either with or without
attorneys and witnesses, and tries to in =
duce them to settle their differences. He
hears both sides briefly. explains the
law bearing on the case. points out the
chances of victory on each side. if neces-
sary refers to the expense of lawyers
and witnesses, and by every legitimate
means strives to bring about a settle
ment.
Try to Avoid Trials
''If he succeeds, he issues certificate
to that effect which has the force of a
judgment. If he does not succeed, the
case goes to trial, and no reference
whatever is made to the attempt at
Cancellation. There are no costs what
ever. This form Of procedure has been
adopted in a number of our larger cities.
and wherever tried it has met with
marked success.
"It is gratifying to note that a num-
ber of public minded and influential
citizens of Philadelphia are today CON
the establishment of concilia
tion and small claims courts under the