Evening star., 1937-04-18
CHANGES OFFERED
AS SMALL CLAIMS
COURT IS ARGUED
Senate Committee Takes
Bill to Set Up Tribunal
Under Amusement,
ONE PROPOSAL CUTS
SCOPE TO $50 CASES
King Announces Executive Ses.
sion Will Consider Action After
Study by Members.
BY ]. A. O'LEARY.

The Senate District Committee took
under advisement late yesterday the
bill to establish small claims and
conclliatiop branch in Municipal
Court after hearing further argu-
ments for and against the measure
at second hearing, lasting more
than three hours.
Supporters Of the proposal sub
mitted series Of amendments to
meet objections raised at a previous
hearing, one Of which would reduce
the jurisdiction of the small claims
branch from $100 to cases involving
$50 or less.
Opponents Of the bill, however, in
Guiding representatives Of the District
Bar Association, contended the meas.
ure is unnecessary.
Chairman King of the Senate COM
mlttee announced an executive ses-
sion will be called to consider what
action to take after all members have
had time to study the hearings.
Supporters Are Heard.
Among those who appeared in sup
port of the bill yesterday were Judge
Pelham St. George Bissell of the New
York City Municipal Court; former
Peoples Counsel William A. Roberts,
Judge Almond w. Scott of Municipal
Court, Harry S. Wender Of the South
west Citizens Association and Law
renee Koenigsberger and Phillip w.
Austin, lawyers
Charles L. Norris, acting chairman
Of the Law and Legislation Commit
tee OF the Federation of Citizens As
soclations, said his committee was
preparing to submit report to the
federation last night, recommending
the bill with the amendments sug-
gested at yesterdays hearing, plus an
additional change to provide that the
rules of evidence be not waived in
the small claims branch.
Those who appeared against the bill
yesterday included Henry 1. Quinn,
president of the District Bar Associa-
ton, and Attorneys Ward B. Nc
Carthy, George E. Sullivan, Leonard
j. Ganse and Arthur J. Hilland.
ASC ANS0A SClNlSC
After reciting objections to detailed
features of the bill, Quinn urged the
committee not to recommend the
| measure until the associations plan
OF keeping one of its members at
Municipal Court every day to give
free legal service to litigants who need
it has been thoroughly tested. He
argued the bill goes further than re-
deving INDECENT litigants.
Supporters of the bill contend. how
ever, that the volunteer legal aid serv-
ice now being furnished by the asso-
citation is not an adequate substitute
for legislation to provide an informal
method of settling small financial dis
putes.
Earlier, former Peoples Counsel
Roberts had presented the list Of
amendments supporters of the meas
ure had agreed to. In addition to re-
ducing the scope of the new plan to
claims OF $50 or less, the changes in
cluded: Elimination of the power of
the judge to assess costs, up to S25.
against any one setting up frivolous
or false claim or defense; striking out
the ban against attorneys taking part
in the efforts of judge to settle cases
| by conc1liation in advance of trial:
limiting the right of the court to call
person back once month for exam
nation as to his financial ability to
pay Judgment pending against him.
The amendment would limit this power
to cases involving wages .or services,
Several other changes were proposed.
Lawyers Fears Discounted.
After declaring his experience as
peoples counsel convinced him of ths
need for small claims court, Rob-
erts concluded by declaring, Il think
a good many lawyers are affected by
the idea they are going to lose SONS
business. I don't think they are goina
to lose much that is worth anything"
Quinn described this as lone Of the
most unfounded assertions ever mada
to committee" Declaring it has be.
come "a popular indoor sport to lam
bast the lawyers" and to ascribe selfish
motives to them when they oppose
anything, Quinn asserted there is no
justification for such an attitude
Criticizing the section directing the
judge to do substantial justice in small
| claims cases without being bound by
statutory rules of procedure, pleading
or evidence, Quinn called it one of the
serious features of the plan, and in.
.quired whether hearsay evidence would
contribute to justice.
Judges Favor Bill.
Judge Nathan Cayton of Municipal
Court, who took the lead in proposing
the small claims plan last year, testi.
fed for the bill at a previous hearing