Evening star., 1938-03-10
NEW COURT T0CUT
COST OF JUSTICE
Small Claims Experiment in
D. c. to Ban Legal
HoCuS.P0CuS,

The opening of the small claims
court early next month will mark the
beginning in Washington of an expert
ment in the simplification of justice.
If the hopes of its sponsors are
realized it will do away in small cases
with the last vestige of the hocus-
pocus, expense and delay that has
impeded the administration of justice
for centuries. For many years far
seeing lawyers and jurists have sought
to do away with the absurd modes of
pleading and the technical procedural
devices that have made the law a
terrifying mystery to most men.
In many respects their efforts have
met with success but it was felt there
was need for still further simplifica-
ton in behalf of needy litigants with
small claims. Often in the past per-
sons in this category have failed to
press just claims or to advance valid
defenses simply because the amount
involved was too small to justify
lawyers fee or the time required for
adjudication. 1t was to correct this
situation that the small claims court
was set up by Congress.
Judges to Alternate.
1t is expected the small claims court
will be put into operation as a branch
of the Municipal Court about April s,
with Judge Nathan Cayton, sponsor
OF the plan. presiding. The other
judges of the Municipal Court later
will alternate in serving in the small
claims branch.
The facilities of the court will be
available to all persons with claims
not exceeding $50. To litigants in this
branch the new court offers several
distinct advantages.
One of the most important features
is the provision that is made for VOL
untary arbitration and conciliation of
disputes. This provides for an elabo-
ration of available arbitration facili-
ties, and under it any litigants, no
matter how large the claim, can have
their dispute settled by arbitration if
they desire to avoid going to trial.
The judge serving in this capacity also
would have authority to settle claims
for the repossession of real estate and
back rent.
Simple Language to Prevail.
For the benefit of those who do not
retain counsel to represent them, the
clerk Of the branch will be available
for assistance in the preparation of
suit papers. The act creating the
court also provides for the simplifica-
ton Of the papers so that the claim
and answer will be set forth in simple.
everyday language rather than in the
stilted legal phraseology of more for
NAL legal procedure.
The period of notice to opposing
parties has been shortened to from
to IS days. The period is now three
weeks. The purpose of this provision
is to expedite the trial of cases.
consideration that will be furthered
by another provision authorizing the
service of suit papers by registered
mail as well as by the United States
marshal, 1t is expected the latter
provision will prove beneficial to the
marshal's office by eliminating part of
the burden of delivering these in per-
son.
The cost of filing suit is fixed at
81, and in worthy cases even this fee
will be waived without requiring the
litigant to take the customary pauper's
oath: The bill also provides for the
payment of judgments in installments
This will be of particular importance
to unmarried persons as, under the
prevailing practice. their entire salary
can be attached in satisfaction of a
judgment.
Evidence Rules Relaxed.
1t is proposed to conduct the pro-
ceedings in the new court in as simple
and informal a manner as possible.
This means that the customary rules
Of evidence will be waived, although
the right to trial by jury and the right
Of appeal are preserved. In addition
to his duties as Judge the presiding
magistrate also will act in the capacity
Of counsel, having authority to exam
inc witnesses and take such other steps
as will facilitate prompt and equita-
BILE adjudication of the case.
AS an added feature the court will
sit at night at least once week for
the convenience of those who cannot
attend court during the day because of
their work or any other valid reason
In setting up poor mans court"
for the District, Congress was not
venturing into an unexplored field.
Although this will be the first court
of its kind in Federal jurisdiction,
similar courts have been in operation
in other cities since 1918 and have
now been established by law as part