Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-05
NEED OF JUDGES
C|TEDBY JUSTICE
Supreme Court Head Urges
Increase in JuristS to-
Clear DoCketS.

relieving congestion of Ponce court
dockets by either consolidation of
Municipal Court with Police Court or
allowing the Municipal Court judges
10 he transferred generally TO Police
Court work. Chief Justice waiter l.
Mccoy of the District Supreme Court
Ia ST night told the Gibson subcommlt'
tee of the House District committee
that the real answer to the problem,
mo matter how expensive it is to BE-
is more Judges.
President Joseph a. Burkart OF the
District Bar Association. however
later made a report IN line with d
suggested change by Judge Gus A.
Srhuldt of Police Court, favoring the
designation and assignment of judges
of Municipal Court, in the discretion
of the chief justice of the supreme
Court of the District, to Police Court
whenever the interests of the pubhc
REQUIRE it. But his report also OPP
posed the suggested consolidation.
Questioned on Panels.
Chief Justice Mccoy was first ex-
anined as to the procedure IN select,
ing panels for turies. and declared
that he did not understand the exact
details of the selection by jury com
nissioners. He also disclaimed any
knowledge Of the reason why real
estate men were selected to serve as
Jurors in condemnation cases,
REPRESENTATIVE Gibson of Vermont
nointed out here that he believed IL
might be construed that community
of interest would be presumed TO exist
when real estate men might be ap-
bearing as expert witnesses Tor poth
sides in condemnation cases and as
might
timately work out to the detrlment OF
the Government seeking TO acquire
property by condemnation.
Regarding the conditions in Ponce
Court. Justice Mccoy stated that ne
had failed to make personal lnspec-
ton of the procedure there thus far,
although he had hoped TO do so before
now. He cited the technical division
of Jurisdiction between the District
of Columbia Supreme Court, the Mu-
nicipal Court and the Police Court for
the benefit of the committee.
Praises Judge Aukum.
Then Representative Houston OF
Delaware asked him whether he
thought there was a real necessity
for sena ration of the Municipal Court
and Police Court, inasmuch as the SUI
preme Court of the District functloned
in both civil and criminal branches.
"This committee, ! am sure, JUS
flee Mccoy replied, would not make
a. change unless there was reason 10
believe a change is necessary. Then
he cited Judge Aukam's estimate that
AZ. 900 cases annually are disposed OF
in Municipal Court, and referred 10
Heher Smiths report to the Carnegie
Foundation on the functioning of the
Municipal Court in handling litiga-
ton at cost within reach of the poor
litigant. He complimented Judge,
Aukam, presiding judge of Munlcipai
Court. stating that the court was IN
q splendid condition" and that ne
was largely responsible for It,
But. Justice Mccoy pointed out,
criminal procedure differs in many re-
snects from civil procedure. In
civil case a Judgment by default can
be taken if the defendant fails to APP
pear. 1t is different if the Government
Is not ready to proceed in criminal
case when dismissing an Indictment
might allow the statute of limitations
to run against a case.
Against Lending Judges.
He was told that approximately
n 600 cases had been disposed OF IN
Police Court last year, and replled
that. although he was unfamiliar with
the details of procedure, If such is the
case sit looks big.
Delivering a direct opinion, quail
fed by his statement of unfamillarity
with details, he declared that ne be-
Heved It beyond the power of Judge
Aukam, skillful as he is, to take nine
Judges and put the Police Court in the
M1Infainal Court
with a cleared docket, is in. He adj
mitted he might be wrong in his
opinion, but he pointed out the danger
of causing the Municipal Court also TO
fall behind and thereby create two
,1nfayorable conditions where but one
existed before.
He presented the committee with
report of the Municipal Court of Phil
adelphia for 1917, as outlining an
ideal situation for an inferior court,
but did not enter into details regard
ing this court.
He dismissed the proposal for enlarg-
ing the power of the Supreme Court
to transfer judges to the Police Court
from the Municipal Court when pub
lie interest requires by stating that
such a plan might lead to disruption
of the Municipal Court, and that 1t
was a "makeshift at best"
Cites Need of More Judges.
more judges he repeated, lis the
answer"
He also declared that he could not
understand how the four judges of
Police Court could handle the volume
of business which tho figures show
were handled last year and still keep
their health.
At this juncture, DIR. Herbert D.
Brown, chief of the u. S. Bureau of
Efficiency, was asked by Chairman
Gibson whether his bureau could
handle a survey. of the situation with
reference to Police Court congestion.
He said it would require time, but that
in due course it would be taken up
If requested. The request accordingly
was made and the survey will be
made in the future.
Mr.. Burkhart stated that the meet
ing of the Bar Association board of
directors yesterday afternoon was
unanimously opposed to the proposal
for consolidation of the Police Court
and Municipal Court and considered
that the condition of congestion in
the first mentioned court could be met
by enlargement of the power of the
D. c. Supreme Court in appointing
sucn Judges as pupHc Interest re-
Quires' from Municipal Court to aid
Police Court in cutting down the con-
gestion on the dockets.
He also said that the directors ap-
proved forcing jury trial a bit more
etringently and eliminating continu-
ance of cases as far as possible.
Urges New Building.
He was emphatically in favor of
a new building for Municipal Court.
even though it were not consolidated
with Police Court He declared that
49, ,ono.ao+ t,,ildjpo was a fire ira n.