Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1846-10-30
Creislature Of l)ermont.

legislature of nermont.
FRrDAY, Oct. 10 Senate--Prayer by the
Chaplain.
The President announced the appointment of
Mr. S nth to fill the vacancy in the Select com
mittec on the tariff
Bills introiuced--Bv Mr. Bradley. authorizing
selectmcn. in case oftlc disability of any coec-
tor to finish the collection of a tax bill in his
hands, to appoint another. By Mr. Rich, allow
inc appeals from Z sions OF Justice in cases
where matter in demand does not exceed ten
dollars--all referred to the Judiciary committee
BY Mr. Chittenden. Incorporating the Bank Of
Brandon referred TO the committee on Banks.
House bills re- jrel--Incorporatin the Chit
tendcn Co. lnirnarv: to committee on Educa-
ton. To constitute Adalia Sophia Barber hcir-
at-aw of Ephriam Griswoll--to the Judiciary
committee.
Petitions preSeatod--By Mr.. Burton, of lra
Davis and others, praying for legislation to oi-
fcctuatc the more faithful discharge of the du-
It's of overseers Of the poor: referred to the Jul
dietary committee.
ReportS--By Mr. Bradley, from the committee
on Banks. in favor of the bill, extending the
charter of the Bank of Burlington with an amend
ment. The amendment was adopted. Mr. Smith
inquired how long the present charter had to run.
Mr. Bradley replied that it would expire in two
years that the Bank, having large debts to col
lect, would require that length of time to wind
up its business. He also submitted a statement
of the distribution of the shares NJ the Bank. from
whence it appears that there were 900 shares
and 50 stockholders. The bill was recommt-
ted for amendment. BY Mr. Burton. from the
Judiciary committee. in favor of the bill amend
ing chap. 81 Of r ) so as to require party a2
| plying for an injunction apon a Judgment to eX-
ecute a bond for the payment of intervening dam
ages only. and in case the injunction shall be
dissolved providing that y per cent. interest up
on judgment should be paid the plaintiff. On
motion Of Mr. Smith, the latter provision was
stricken at, ana the bill was ordered to third
aiding.
| Mr. Foster. from the Judiciary committee, re-
| pof ed bill rc-orranzng the Judicial System of
the State: providing for six Judges, of whom
| four. to be designated BY themselves. shall at
tend each term of the Supreme Court to hear
causes.
Mr. Foster remarked that the committee, after
investigation, found that no evils were necessa-
rily inherent in the present system. but merely
that, owing to 4 combination of circumstances
business in the Supreme Court has so accumula-
ted as to require a temporary reinforcement OF
the bench. There ha- been several projects be
fore the committee proposing fundamental
change, but the committee, after proper deliber-
alton. had unanimously concurrcd in the policy
OF substantially retaining the present Sys,c;n.
Mr. Villas said, tnIt, Is liId been observed. the
grievance did not attach to the system itself, but
to a temporary state of things by which the ad-
ministraton of Justice was oppresSively delayed,
One Judge of the Supreme Court has testified
! hafnr ha that thnrn ura. Inn
which necessarily had to lie unfinished, in every
County in the State. except Essex and Grand
Isle. 1t also appeared that in Windsor County
! the business was three years in arrears, and in
several other Counties at least one year Ii fur
Their appeared, that there was no prospect, with
| the present corps OF Judges, OF its becomming
possible to clear the docketS of their accVmna-
| ted cases though. he was satisfied, if this were
once done, the present Jadges might under ord-
nary circumstances prevent the recurrence Of the
evil. The proposed increase of the bench was
contemplated to be only of Temporary duration.
BY adding as the bill did. one Judge to the exist
ing humber, and enabling four to SIT upon issues
/ OF law. and two to be concurrenly trying issues
of fact, the dockets would be discncumbered in
two or three years, and then they might return
To the present plan, which had been twenty-one
years in operation Among other projects, the
adoption of the circuit system had been proposed;
constitutinr one tribunal TO determine issues of
! law and another to hear issues of fact This
scbama no tbourbt hirhlv objection HE. Bv
conlininp bench of Judges to one particular
branch Of deciding leoal Questions. they were
liable to become addicted to distractions and
dne.snnn theories. and practically unacquain,ed
with the wants and the interests of the people
| AGAIN the Judges who only tried matters of fact
would have great difficulty in long 81, ,ining
t,emsalves SITTING at niSi priuS was by tar the
most inviduous of judicial duties and an upright
and independent Judge, whose province of duty
was confined to particular section, and who was
entirely unconnected with and unsupported BY a
| body Of associates whose jurisdiction was co-eX-
tensive with the State, might, he believed with
comparative ease, be Frustrated TO the dust, The
circuit system had been tried in New York and