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

AttuCk kevlSl0nS
Controversial legislation to pro-
tect the poor man" who buys
more than he can pay for on the
nstallment plan was taken under
advisement today by a Senate
District Subcommittee.
The bill, which would make sew
eral important changes in Small
Claims Court procedure here, was
both defended and attacked at a
subcommittee public hearing yes
terday. Municipal Court judges
themselves we're widely divided in
their testimony. -.
Chairman Johnston of the
Subcommittee said to-
day his three-man unit will study
the 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 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 'fin bad faith" This was
attacked by opponents as uncon-
stitutional.
IL Judges Opposed.
The subcommittee received re-
port from the 13 Municipal Court
judges, who serve-one at time
ON the small claims bench,
showing that IL 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 favors parts of the
legislation Judge Barse. how
ever, took exception to some pro-
visions in the bill.
Corporation Counsel Vernon
West told the subcommittee the
District Commissioners indorse
the position Of the II judges op-
posing the bill.
Judge Milton S. Kronheim jr.,
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
istics have been utilized by others
to such an extent that the court
Is now essentially a collection
Iagency."
4 AS explained by Judge Kron-
helm, the measure, in addition to
the provision relating to bad
faith" on the part of creditor,
would:
I Increase the Jurisdiction of the
Small Claims Court from $50 to
$500.
1 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 a continu-
ance for good reason.
/ Raise the exemption from gar
n1shment of the earnings of the
head of family from $1O0 to 5000
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 Barse, George D. Nelson.
Myers, and Nadine Lane Gala
CHER.
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-
d1ction Of the Small Claims Court
over claims up to $100.
I He recommended that the gar
nlshment problem be given IAN
independent and complete study"
because the present statute, after
the exemptions, permits the at
tachment of the entire earnings of
Ia Judgment debtor, is inequitabSa
and often works a serious hard
ship on families.
i The witness opposed other Sec
Itions OF the bill, particularly the
bad faith proviso, which, he said.
is 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 q
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 & 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
500. '
Mr.. Booth said merchants and
manufacturers in Washington 'by
and large, favor the BILL"
Also favoring increase of the