Evening star., 1942-04-25
Criticism Of Court
By Bar Association
Voted Down, 8 10 81
Chonge in Procedure
In CIoims Coses Stirs
Angry oebote Of Meeting


has the effect of reducing need for
iavyers' services- without consult
Ing the association.
Two resolutions, one merely dis
approving the Courts action ''in
principle" and the other calling for
investigations that were interpreted
during fleated debate as a personal
attack on Judge Nathan Cayton
were tabled by q vote OF 80 to 37.
In its monthly meeting at the
May1ower Hotel, the association
also:
!. Heard q report from Its Com
mittee on Blackost Law urging sup
port for the pending Randolph bin
TO give protection to volunteer de-
fense personnel.
q Elected Godfrey Munter. James
c. Wilkes, Charles Pledger. David
A. Hart. Isidor Brill, Francis w
Hill, jrs and Charles z. Ford as a
Nominating Committee.
3. Passed resolutions urging that
Appeals Court Judges read the rec
ords OF cases before hearing oral
arguments, allow at least As minutes
for each sides argument, and that
at least majority of the court hear
each case.
Provincialism CHARGED.
1. Heard "scoldine" from David
T. Grant, chairman OF the Section
of International and Comparative
Law of the American Bar Associa-
tion. for what he termed the legal
professions general ''provinciaiism -
rs regards expanding contacts with
Latin America.
b. Heard tributes paid TO the
memory of the following members
of the association who have died
during the past year: James A.
Burns, Philip Pitt Campbell, Walter
A. Johnston, Clinton r. Colvin, VIII
liam A. CDombe, Moncure Burke,
Walter H. Wills, John Walsh, STAN
ton c. Peelle. John r. Moore. August
III. Moran, Edward s. Brashears, j.
Harry Covlngton and Joseph A..
Burkart.
Angry discussion of the recent
Municipal Court action, during
which President 4. Barrett Pretty
man had to rap sharply for order
several times, was touched Oh by a
report from Harlan Wood, chairman
OF the Committee on Relations with
the Municipal Court.
The courts action involved was
abolition of rule l6," or the sum-
mary Judgment rule In Glass b"
contract cases--those In which
claims range from $50 to $500. Since
the change last month, defendant
no longer is compelled to provide an
Aafidavit Of defense" which gener-
ally required the services of an at
torney.
Judge Cayton urged the change,
which was adopted unanimously by
the other Municipal Court judges
last month. on the ground that the
old rule worked q hardship on de-
PENDANTS being sued for small sums
and who could not afford to engage
. lawyer.
Two Reports Filed.
Mr.. Wood explained that his COM
mittee felt 1t should have been con-
suited before the rule change was
adopted. He proposed resolution
putting the association on record as
disapproving '4in principle" the ac-
tion of court In drastically chang
ting its rules without giving the as
sociation an opportunity to present
Its views. This was supported by the
committee majority.
A minority report, submitted by
Arthur Hilland and also signed by
Carl Bakersfield, went much further.
II complained that newspapers were
uniformed of the change before the
Bar Association, citing particularly
an article IN The Sunday Star OF
March 8.
Mr.. Hilland also read part OF
story from another Washington
paper of March II, hailing the rule
change as ending what has fire.
uuently amounted to racket" In
Municipal Court procedure.
He proposed a special committee
be named to investigate the source
sand truth of the information, II
any" on which the racket" charge
Vas based.
His resolution also called for an
inquiry by the Committee on Legal
Ethics into the "propriety" Of
nudge submitting a proposal to his
Fellow judges. and then releasing
10 the newspapers statement sup
porting the proposal. before it was
adopted by the Court.
Censure Move CHARGED.
Philip Austin Immediately branded
Ehe minority report as "a move to
kensure Judge Nathan Cayton," and
denounced the venom In this reso-
hltion" rs 3 small. petty and child
sh thing"
Mr.. Prettyman ruled Mr.. Austin
cut of order when he began a coun-
ser-personal attack on Mr.. Hilland.
Other speakers cried that 1t was
shame" TO try to cast reflections
pn Judge Csyton, described him as
most sympathetic with the Bar
Association, and called for construc-
tive rather than destructive action.
A motion TO table both the resolu-
lions brought such a close voice
vote that Mr.. prettymsn called for
. count OF hands, which was an
uounced as 80 TO 81 for the motion
10 table.
Immediately afterward. no
quorum" call prevented any vote on
another resolution declaring that
the Committee on Judicial Selec-
ton spoke only for itself In recently
tndorstng a list of men for appoint