Evening star., 1941-07-29
Rando|ph's S New
Plan TO Merge
Courts Attacked
Omission of Vitol
Features Draws
Hot Criticism

NlSUlUuS UppUSlllUll W tllOl 10 u
have bill for consolidation of Mu-
nicipal and Police Courts passed
without provisions considered nec-
essary for any beneficial effect was
expressed at a hearing before a
House District Subcommittee today
The original measure provided
for appointment of an administra-
tive judge and creation OF ali inter-
mediate court of appeals, regarded
as vitally necessary by many men,
bers of the bar, but a second bill
introduced yesterday by Chairman
Jennings Randolph of the District
Committee did not contain these
provisions.
Mr. Randolph. expressing no pref
erence for either his original or Sec
ond measure, said he introduced the
latter at the suggestion of a leading
attorney in whom he had great
faith He said the man requested
that his name be withheld.
Original Bill Backed.
Appearing on behalf of the orig
MAJ uSu1C loudN NCIc
Wood, chairman of the District Bar
Association Committee on Rela-
tions With Municipal Court; John
j. Carmody, chairman of the Bar
Association Committee on Relations
With Police Court; Lawrence Koe-
nigsberger, for many years active in
the Bar Association; Seton Darr,
former president of the District Bar
Association; Alexander Holtzoff
special assistant to the Attorney
General; Walter F.. Bramhall, clerk
of Police Court; Vernon Nordlinger
and Richard R. Atkinson.
Chairman McGehee of the sub
committee agreed that the second
bill showed a lack of study" He
SAID he wondered where the second
bill emanated from. indicating he
would like to know the leading at
torney" who proposed it.
Mr.. Wood said that to strike out
the provisions of the bill calling for
a chief judge in the new appellate
tribunal would be to eliminate the
best provisions of the bill
The new measure sabotages,
wrecks and destroys the valuable
labor of leading members of the bar
for years." he said. 1T shows a
lack of study and foresight and
would only multiply the confusion
and trouble that now is prevalent in
the two courts"
To poiptod ont tbot tho oGt,oir,
istra tive judge would have the power
TO assign other judges to certain
cases and would have the power 10
appoint clerks and other members
of the clerical force. The new bill
would leave these administrative
tasks to vote of the nine judges
of the consolidated court and Mr..
Wood said that If at present the
judges in the two separate courts
cannot agree around conference
table, how can we expect them to
agree on appointments when there
will be nine judges?'
He also called the attention of
the subcommittee to the fact that
Judges can now go on vacations at
will" and that there is no cumulative
record of their work. 1t is a we'll
known fact. he said, that some
judges are Sinking their duties
while others are carrying the major
burden of the work.
Carmody Gives support.
Mr.. Wood criticized published
statements attributed to Judge
Hobart Newman opposing the crea-
ton of the intermediate appeals
court and declared it showed
lack of judicial temperament on
the part of the Police Court jurist,
AS we'll as a lack of study on the
original measure.
Mr.. Carmody likewise supported
the provisions for the appellate
tribunal and the administrative
judge, calling them most important
features"
With regard to the appeals body,
he pointed out that ItigantS could
appeal "as matter of right" in
stead of on a writ of error, as now
prevails in appealing to the United
States Court of Appeals.
Mr.. KoenigSberger, also declaring
that some of our judges are not
carrying their burden" said that
what is needed is a dictator to tell
them what to do and when to do it,
You can't have democratic pro-
cedure in deciding every admins
tratlve detail he pointed out.
Darr Joins in Attack.
Mr.. Darr, who pointed ouk he had
testified at the first subcommittee
hearing on the bill. said he returned
today when he read of the new pro-
posal eliminating the two main fea-
lures. He said that we might as
we'll leave the situation like it is
as to enact the second measure, and
Chairman McGehee agreed with
him.
The citizens of the District of
Columbia have the right to COM
plain of the functions of these two
tribunals. especially as far as speedy
justice is concerned" Mr.. Darr
asserted. Especially is this true
in Police Court"
Mr.. Holtzaf pointed out that
he had sat in on conferences of
members of the bar and judges
of the two courts in drafting the
original measure, which had the
wholehearted support of the JUS
tice Department.
The two vital features of the
chief judge and new appellate tri-
bunal should not be eliminated, he
said.
Only One for Second Bill.
The only witness appearing in
favor of the second bill was Robert
Handwerk, who merely said that he
wanted to recommend approval of
the new bill Asked by newspaper
men after his appearance, he said
he was not the leading attorney
referred to by Chairman Randolph.
Emory Smith. colored attorney,
representing the Washington Bar
Association, said that his race is
Disseminated against in the clerical
STATS of the two courts at present,
and urged inclusion of provision
in the bill to eliminate discrimi-
nation "on account of race, creed or
color"
NJ N6ocabaa ovoonfc tho ci1hpOrn