Pueblo chieftain., 1921-07-03

Chicago. July 2.-CBy The Associated
Press)-Ths first International court
Of commercial arbitration established
in the United States. toward which the
interest OF thousands of business men
and lawyers has been kcenly directed.
Is now one month old and has heard
a total OF twelve cases.
Friends Of the new "trnde court"
point with qualification to this first
months record. more especially be-
cause Of the strenuous opposition
which II has encountered on the part
OF certain clements of the bar and the
established courts of law. This an
tagon!sm sprang from feeling that
the trade court constituted an en-
croachment upon their rightful do
main.
The trade court. func,ionlng as an
arm OF the local association OF com-
mcrSc. distributes jsutico with much
tho same inforuHlity and dircctnea.
that characterized the tribunals of
tribal days. withcu. the aid of hear
yes or summonses. deposiilons cr
bsillffs. the evidence is heard and the
case decided. The litigants. such as
In one case wcrc manufacturer sit
uated in New York and retailer To-
Gated In Chicago. pursue their respec-
i've business just as II nothing un-
court. which is 'ambula,ory.'' Rravi-
tatcs between New York and Chicago
gathering the testimony. and. In tho
regular course of its business day.
without pomp. renders Its decision.
The trade court was made pos
sibie officially by the state legislature
after 4, had been advocated by tn.
Chicago Credit Mems association. the
National Credit Mems association and
Chief Justic. Harry Olson OF the Mu-
nicipal court OF Chicago.
The final test OF its validity occurred
later when test case was taken to
the state supreme court thru the ac-
iivity OF the Chicago Association Of
Commerce and a favorable ruling re-
suited.
Advocates of the trade court poin,
out. neixhter party to controversy has
had to appear as witness ~ open
court. no important trade secrets have
hocn aired before competitors no cS-
pcnsivc fees have been paid out to at
torncys. no obnoxious or harmful pub
Lefty has been incurred and tho ver-
dict has been rendered with tho same
dispatch that marks the daily deci-
sions in the conference room OF any
wcil-conductcd business.
Any civil case now tried In tn. os-
tsblishcd courts Of tho United states.
except divorce action. may come bc-
fnrr inc ir4Gr court. inc supreme
court of Illinois has sustained it's To-
gaiity under the new Arbitration and
Awards act. and has defined its au-
ihority as extending TO any question OF
fact as distinguished from questions
OF law. Should a point Of law he iu-
volved I'm u case, a law court may re-
viso the decision. But the trade court
also has powers which n court of law
has not. IL may define tho rights OF
both parties under a contract where
no action has yet accrued. even tho
n court Of law could not entertain an
ordinary suit until damages had sc-
crued for breach or non -fullflmeni of
contract: IT may disregard tho let
tiers Of the law and decide according
10 the equities Of the parties should a
mutual error in the contract ho found
where ordinary court procedure would
require filing of a bill in equity to en-
force the contract
The scope os the trade court juris-
diction is tho wide world a manufsc-
turer in Liverpool who has q tin over
n merchandise sertremert with
trsdesmsn in Hong Kong may have
his case adtudicsted in ChicnCo al
tho tho merchandise did not even on
tor the United States Merely the
agreement Of both parties to the action
brings 1t before the trade court.
Tho court manager. 4. Kent Green,
is the only paid employe. and is re-
tsined by tho Chicago Association of
Commerce. All fees collected goes to
the association. where not more than