Evening star., 1936-11-11
4 DISTRICT BILLS
OPPOSED BY BAR.
GroHn WithhoIds Indorse-
ment of Proposed Small
Claims Court.

The District Bar Association last
night opposed four bills which had
been sumbitted by the District Com
naissioners to the last Congress, and
withheld Endorsement of the pro-
posed small claims court for the Dis
trict, voting to give the latter project
further study. -
The bills condemned would deprive
many Police Court defendants of
their present right to trial by jury;
provide for compulsory service of
women on juries; change regulations
regarding legal claims against the
District government, and permit fore
closures Of mortgages and deeds Of
trust only on court order.
President Walter Bastian said the
bills were submitted to the association
by the corporation counsel for consid-
Grafton with view to determining
whether they should be introduced at
the coming session of Congress.
Action on the small claims court
proposal was deferred almost without
debate, although a special committee
appointed to study the matter had
recommended that the association go
on record favoring it.
Wheatley Voices Objection.
The first objection to it was voiced
by H. Winship Wheatley, former
president Of the association, who said
there still is marked disagreement
among the judges of Municipal Court
concerning it. and suggested that "if
We are going back to the justice OF
the peace system, We should do so
advisedly and not by indirection."
A motion to table the matter was
approved.
The small claims court plan has
been strongly advocated by Judge
Nathan Clayton of Municipal Court
and the scheme outlined to the meet
ing by Albert E. Steinem, chairman
of the bar association committee, fol-
lowed his proposals.
Briefly, claims of $50 or less would
be heard, without the usual formalities
of pleading and practice, by Judge
from the Municipal Court bench.
The tribunal would be poor mans
court, permitting the filing and prose-
cution of claims with little or no cost
to the litigants. Hearings would be
speedy and payment of judgments
would be arranged so as to cause the
least possible hardship.
Similar courts have been established
in number of other cities and have
worked with marked success, Steinem
declared.
TT is expected that the matter will
be brought before the association
again before the end of the year.
An announcement by George c.
Gertman, secretary for the last II
years, that he intended to retire from
the secretaryship at the expiration of
his present term caused considerable
stir. 1t is understood that he has been
mentioned as candidate for the pres
idency. Elections will be held in jan
uary.
Recommendation Adopted.
The recommendation of a special
committee headed by T. Edward
O'Connell for disapprova1 Of the Po-
lice Court jury trial bill was adopted
almost unanimously.
O'Connell contended the bill was
unconstitutional and would lead to
confusion. He listed IS offenses in
which the defendant would be de-
prived of trial by jury. They were un-
lawful entry, possession of indecent
pictures, attempted JOY riding, accept
ing bet, false charges of unchastity,
fraudulent advertising, third-offense
speeding. operating an automobile
after revocation of permit. no oper-
ator's permit, leaving after colliding,
permitting gaming, larceny after trust,
unpaid board bill, taking property
without right and soliciting prostitu-
ton.
He said the controlling interpreta-
tion here of the constitutional provi-
sion that "the trial of all crimes, ex-
cept in the case of impeachment, shall
be by jury" was made in the case
of Blackburn vs. the United States,
N which the Court of Appeals held
that an offense which could be pun
Ghed by as much as 90 days i'm
prkonment should be tried by jury.
He pointed out that the bill would
auow imprisonment for a year with
out a jury trial.
ION recommendation of q commit
tee headed by Alvin L. Newmyer the
association voted against bill which
would deprive women of the right to
decline to serve on jurieS
.Newmyer said the committee was
moved by consideration of the hard
ship and embarrassment which un-
wanted service would bring to many
women.
Bill Voted Down.
Without benefit of a committee re-
pprt the association unanimously
voted down bill which would change
the period in which a claimant
against the District Government is re-
quired to file a written report of the
occurrence on which he bases his
claim from six months to 80 days.
sOn motion of William c. Sullivan a
committee was authorized to consider
the recommendation that the six
month period be heightened to three
years.
AN adverse vote was recorded on
a bill which would give a mortgagor
" NoJo ~ Wll4O4l w QeIdulL
and require court order for all fore
closures. The bill was reported by
Joseph Low. As an alternative the
association directed Low and his COM
mittee to recommend o bill which
would prescribe terms and conditions
of foreclosures, but without court
action.
.gfter hearing report by Gertman
dsaPproving a bill advocated by SEN
ttors King, chairman of the Senate
District Committee. prescribing the
selection Of commission to revise
thA District code, the association re-
fefred the matter to its Board of
Directors. Gertman suggested that
the President appoint q commission
Of three lawyers on recommendation
ofsthe District Court, and that each
be paid $4,000 a year. He said Sena-