Evening star., 1951-08-23
Opposing Views
On Small Claims
Bill Weighed
Senate Unit Hears
Judges Defend and
Attack Revisions

Controversial legislation to pro-
ect the poor man" who buys
more than he can pay for on the
plan was taken under
ldvisement today by a Senate
District Subcommittee.
The bill, which would make sew
raj important changes in Small
Claims Court procedure here, was
10Th defended and attacked at a
subcommittee public hearing yes
,erday. Municipal Court judges
themselves were widely divided in
heir testimony.
Chairman Johnston Of the
Judiciary Subcommittee said to-
lay his three-man unit will study
;he hearing record before making
any decisions on the legislation.
Other members are Senators
Clements. Democrat, of Kentucky,
and Welker, Republican, of Idaho.
Most disputed among five major
changes in procedure was a proviso
to empower Small Claims Court
Judge to enter judgment for the
poor man" defendant if the court
found that credit was extended
to him Gin bad faith" This was
attacked by opponents as uncon-
Stitutional.
IL Judges Opposed.
The subcommittee received q re-
port from the 13 Municipal Court
judges, who serve-one at a time
On the small claims bench,
showing that II of them oppose
the legislation and two support it.
The report against the bill, made
public last June, was submitted by
Judge Frank H. Myers, chairman
of the committee which drafted
it. Chief Judge George P. Barse
testified he and Judge Milton s.
Kronheim, jr., oppose the report
and favor the legislation. Judge
BarSe, however, took exception to
some provisions in the bill,
Corporation Counsel Vernon
West told the subcommittee the
District Commissioners indorse
the position Of the IL judges op-
posing the bill.
Judge Kronheim, who was on
the witness stand longer than any
other witness, described the bill
as "a necessary corrective"
Becomes Collection Agency.
"The present procedure, under
existing legislation, is heavily
weighted in favor of the plaintiff"
he said. "The present procedure
was instituted to provide speedy,
simple and inexpensive legal relief
for poor people. These character
1stics have been utilized by others
to such an extent that. the court
is now essentially q collection
agency"
AS explained by Judge Kron-
helm, the measure, in addition to
the provision relating to bad
faith" on the part of a creditor.
would:
Increase the jurisdiction of the
Small Claims Court from $50 to
500.
Amend the statutory form of
the complaint in the court by in
forming the defendant that he
might have an attorney assigned
ii he was unable to afford one, and
that he might obtain q continue
ance for good reason.
Raise the exemption from gar
nishment Of the earnings of the
head Of family from $lO0 to 5000
a month.
Provide that funds attached
must be condemned within four
weeks.
Present Procedures Defended.
Criticizing the measure and con-
tending that present procedure
properly protects the interests of
both plaintiff and defendant were
Judges George D. Nelson, Myers
and Nadine Lane Gallagher.
Herman Tocker, testifying for
the Municipal Court Committee of
the District Bar Association, said
the committee does not object to
the provision to extend the juris-
diction Of the Small Claims Court
over claims up to 500.
He recommended that the gar
nishment problem be given "an
independent and complete study"
because the present statute, after
the exemptions, permits the at
tachment Of the entire earnings of
Ia judgment debtor, is inequitablN
and often works serious hard
ship on families.
The witness opposed other Sec
|tions Of the bill, particularly tho
bad faith proviso, which, he said,
lis most strongly opposed by his
committee. He raised grave doubts
OF its constitutionality.
Blames Small Minority.
Alvin j. Steinberg, manager Of
the Capital Credit Corp, told the
subcommittee it would be unfair
to jeopardize legitimate credit
firms" because of the acts OF a
small minority. He did not object
to increasing the exemption of
debtors to 5000 a, month.
Speaking for the Merchants
and Manufacturers Association.
Chester G. Booth, of the Wood
ward 81 Lothrop department
store. urged that the exemption
from garnisheed wages be raised
to $3.50. Business houses, he said.
are harassed by the trouble caused
them by present procedures. un-
der which the exemption is only
$10O.
Mr.. Booth said merchants and
manufacturers in Washington ''by
and large, favor the BILL"
Also favoring increase of the
exemption to $3.50 were several
spokesmen for business concerns.
They included Alfred Ernest Of
Ewarts Cafeteria; Paul Lambert.
Hogates Seafood Restaurant; Bert
T. Prendergast of Government
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