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2 Lawyers' News 1 (1934)

handle is hein.journals/lnmvo2 and id is 1 raw text is: pen etters - io HAROLD R. MEDINA THE JUSTICES OF THE CITY COURT, N. Y. COUNTY. ay $lNNRY A. A Possible Leader TO: HAROLD R. MEDINA, Esq. It just occurs to me that you are probably personally known to more young practitioners in this city than any other member of the bar. When I, and plenty others like me, were listening to you conduct your bar examina- tion courses, we sort of got to looking up to you as one big gun, and a regular, too. It would seem to me that, under the circumstances, if the younger ones were really looking around for a leader who understands their problems and might also possibly have some solution avail- able, you should be a logical choice. Now, I really don't know whether they would want you. But, if you were so minded, and let it be known to the rest of us, by act and word, that you are appreciative of our problems, and would like to help us, we might get along somewhere. I don't know how you are go- ing to do it, even if you want to. But it's something to think about. After all, we young ones have done a great deal for you, and all you've ever done was to help us get into practice. I know of a few who don't feel you've repaid in kind, if you know what I mean. What Is Contempt? TO: THE JUSTICES, City Court, New York County. Not so long ago I addressed an inquiry to Your Honors, asking just what conditions you required before you would adjudge a judg ment debtor in contempt of court for having failed to appear for an examination in supplement- ary proceedings pursuant to a subpoena duly served upon him. The inquiry was the result of let- ters written to me by lawyers who really wanted to know. I regret that so far I have been unable to get them the informa- tion sought. The point is that the City is paying quite a good deal of money for the upkeep of the luxurious quarters set aside for such exam- inations, and some civic minded attorneys feel it unfair to spend their client's money besides to subpoena witnesses and judgment debtors to these quarters, only to find that the parties pay little heed to the process. Then it is necessary to draw more papers' get orders signed by Your Honors, make further services, etc., but all to little avail, for when the judgment debtor does finally arrive to pay homage, Your Honors usually order us to proceed with the examination. If a motion in contempt is necessary to bring about an ex- amination, why not, therefore, make that the procedure in the first instance? 1NW Volume 2, No. 1 -I PvkIJusInec TWICE'MONIIILY 15 Cents the Copy First County Clean House! Press Warns, LawyerForum . Set for Nov.12 After Milwaukee Mouthings Members Privileged to Read Original Papers, Discussion Following FINCH, GUEST SPEAKER The first of the regular social end forum evenings to be con- djIcted by the recently created Forum and Social Committee of che New York County Lawyers' Association is tentatively set for November 12th. Mr. Justice Ed- ward R. Finch has consented to appear as the first guest speaker, and has promised a short address on a matter of vital importance to the entire legal fraternity. William Jacobs, Chairman of the Committee, and instrumental in its creation, explained that the purpose of these meetings is to provide an open forum for the profession where matters of in- terest may be freely discussed by the general membership as well as to develop and foster a better social relationship among the members. Papers By Members Prior to the address of the guest speaker, the floor will be available for the reading of papers by the membership, this to be followed by a general dis- cussion from the floor. The priv- elege to present papers is open to all members, it being requested, Continued on Page 6 Mexico Court Ruling Ends Divorce Racket While a Federal inquiry is under way by Attorney General Cummings to determine whether there is a basis for prosecuting American lawyers engaged in the Mexican mail order divorce racket, the Supreme Court of Mexico handed down a decision which may well be interpreted to mean the end of this insiduous practice. In an action to decide the va- lidity of a divorce obtained there, the court held that the State courts could not decide any cases affecting persons not within their jurisdiction. The Court further held that service by publication in the State where plaintiff re- sided was not sufficient unless it could also be shown that the de- fendant was likewise a resident of the same State. Perlan Appointed William S. Perlman, Brooklyn attorney, has been sworn in as Assistant U. S. Attorney. Infants' Estates Squandered by Guardians, Says Judge Lippe Questioning the power of the City Court to make any disposi- tion of infants' estates after set- tlement, Justice Lippe of the City Court expressed his opinion that such estates are often squandered by guardians ad litem. His letter follows: I believe your publication serves a very valuable purpose in bringing forward subjects of interest to bench, bar and com- mun tv in general. I am there- fore taking the liberty of sug- gesti g to you as a subject for consideration the fact that tort actions instituted in behalf of in- fants are settled in large num- bers, and that the proceeds are turned over to guardians ad litem, who are never called upon by any official body to account for the disposal of such infant's property. I have been led to believe that in many instances once the money is turned over to such Continued on Page 3 Rockaway Bar Report On Jury Conditions Due Soon The decision of the lower courts that the President Justice of the Municipal Court may transfer cases from one district to another for cause indicated in Section 7, Subdivision 3 of the Municipal Court Code, has - --- not effected the investigation 200 Attn Bronx undertaken by the Rockaway 2 A e d r x Lawyers' Club into the calendar conditions in the Fifth Queens. Lawyers' Dinner A communication received from Frederick T. Davies, Esq., Chair- man of the investigation commit- Bissell, 1., Profs. Kennedy tee, states that although the in- and Medina Address vestigation is not yet complete, it First Meeting is anticipated that a report of its findings will be available by Facing a round of applause the end of this month, and that that made his heart light, Meyer at such time, the report will be Levy, President of the Bronx turned over to President Justice County Bar Association, called to Bissell. order the first fall dinner meeting It will be recalled that the of the Association at the Con- probable reason for the instiga- course Plaza Hotel last Wednes- tion of this investigation was the day evening. More than 200 order made by President Justice members and guests were present Bissell transferring all jury to usher in the new year for the trials on the calendar in the Association. Fifth District Queens forthwith Seated around the dais were to the Fourth District. This order President Justice Pelham St. came as a result of the claims George Bissell, Hon. Bernard S. made by Judge William Morris, Deutsch, Professors Walter B. Jr., that insurance companies ap- Kennedy and Harold R. Medina, pearing on behalf of defendants and the Officers of the Associa- Continued on page 7 tion, Meyer Levy, Charles B. Hal- Another Joke, Mr. Mayor? The newspapers quote Mayor LaGuardia with the following: I amn still not convinced that we should not have more latitude in the law to make it possible to appoint justices other than lawyers. This observation was made while the Mayor was seeking a judge for the Domestic Relations Court. ley, Joseph V. McKee, J. C. Thom- son and Archie B. Morrison. President Levy, who had antic- ipated making a report of the re- Continued on Page 8 Kings Trial Men Meet The Brooklyn Trial Lawyers' Association called their first meeting of the new year for last Friday, at a luncheon in the Hotel Pierrepont, Brooklyn. Rob- ert S. Fleckles is president of the Association. Usual Disclosures Made by American Bar Heads at Convention NO ACTION EXPECTED Newspapers pounced with glee upon the not unexpected let us address made by Earle W. Evans, President of the Ameri- can Bar Association in Milwau- kee recently. Let us no longer delay the already too long de- ferred housecleaning. Let us be- gin it at once, said the chosen leader of the American bar in his opening address. The attack was leveled at the unethical lawyer and the law- yer actively engaged iA aiding and abetting the crime wave of America. These men are lawyers of an offensive type whom all men condemn, said Mr. Evans, after pointing out that crime costs this nation in the neigh- borhood of $12,000,000,000 a year. Those lawyers who are trying to mind their own business, and conduct their practice or what is left of it as well as they are able cannot escape this accusation on such grounds, for, says Mr. Evans, in a campaign to scourge the profession of the unworthy element, the unexplained fail- ure of any member of the pro- fession to participate will con- stitute a suspicious circumstance against him. Meanwhile, those members of the profession who face the ac- cusation of suspicious circum- stances are wondering what it is all about. Any lawyer or group of lawyers who are able to par- ticipate in a $12,000,000,000 scandal against the government must be big shots, and hardly within the professional or social Continued on Page 5 Van Schaick Scores Insurance Adjusters Addressing the convention of the International Claim Associa- tion, George S. Van Schaick, New York State Superintendent of In- surance scored unfair and sharp methods employed by some in- surance companies and their claim adjusters. Criticising the organization for ever becoming a party to nui- sance settlements in what they believe to be trumped up claims, the Superintendent nevertheless believed that such claims did not justify the usual attitude taken against legitimate claimants. NEW YORK, SEPTEMBER 15, 1934 T 7W '

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