Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-03-25

WIN tiis state OF lnllSs, we nave reason 10 beheN
that the people of the county have been generally we
satisfied, and until quite recently, we believe that tn
as satisfaction has been very universal
IN Has any change taken place in the situation and
fairs of the county, which reasonably give rise
dissatisfaction with the existing organization, and
der division of the county desirable! We are awar
fno change having any such tendency. The popu'a
ton, business and wealth of the county has increased
rail roads have been constructed, and many other i'm
provements made
In other respects things remain they fifty year
: ago.
The towns Of Athol, Royalston, Wnchendon and Ash
burnham, are no farther distant from Worcester now
than they were then, and with this advantages that the,
railroads, instead OF the rough billy, and crcuitou.
roads of former times.
But we are told that there exist certain evils arising
from the undue size and extent of the county, and that
these evils GO have become of such magnitude that di-
vision if not this year, within few years, is newt
able.''
What are these alleged evils What the reasons
why the present organizations which has long and
happily existed, should now be changed Z?
An address, issued from Fichburg, has been printed
and extensively circulated in the towns proposed to be
embraced III the county, setting forth those reasons
and it is presumed to be fair take that correct
expression of them. What are the reasons which it
gives for this division With the exception of some
appeals to popular prejudces, which have nothing to
do withthe question: and deserves notice. tie whole
burden of the address and the only grounds alleged for
the proposed DIVISION the inconvenience expense and
delays in the administration of justice in Courts
sung, Ii is sad from the undue size OF the county,
That there inconvenience in being involved in law
SUITS every knows who has had experience of that
kind, and the extent of the inconvenience is in some
degree affected by the distance of the parties and their
Witnesses from Court That there is also considerable
delay and expense in the administration of Justice is not
to be denied, and is certainly be regretted. 1t is vey
desirable that justice should be more expedtousy and
cheaply administered.
{" The laws delay,'' has become proyerb and has
always been its reproach. 1t has been so in England
through the whole period of the growth and existence
OF the common law, up TO the present time. 1t has
been felt and depored in this country one Of the at
tendan evils of that system here in other respects
wise and perfect 1t has been realised in every sys
TEN Of jurisprudence in the most enlightened nations
all places and in all times. 1t has always been, and
is, the frequent subject of complaint and remedial
legislation in our own State and in every other State
in the Union.
And while the existence of this evil in the wisest and
best systems of law has always been acknowledged and
dpored, it has been regarded by the experienced
judges and legislators, of the difficult things
to remedy or avoid Much, however, has been done
: To IL
evils, and believe the position cannot be controvert
ed, that in place. period of time, has justice been
e more truly, faithfully, expedtously administered
than in own Commonwealth at the present time
Il We confess there is much room for improvements
Much yet remains to be done remedy the evil There
yet delay, too much delay, unnecessary delay in the
administration of the law 1t is not, however, peculiar
TO the county of Worcester or Mddlesex II is SO in
every county in the State 1t is everywhere ground
of complaint. 1t is important subject for the consd-
GRAFTON ofthe Legislature, and Tor remedial legislation
and hope that will receive the attention which its
Importance demands.
1t has received much attention from the Judges of our
Courts from time to time, and they have recently adopt
ed and enforced rules of practice designed and well cal
culated to facilitate the business the Couts.
The subject has occupied large share OF the atten-
ton Of the Legislature of this State for several years
past, and learned, experienced and able Board Of Com
missoners, appointed by previous legislature has al
ready reported to the present legislature bill designed
to make radical change and reform in the practice
the law, and greatly facilitate cheapen and secure id
proper administration.
That bill, with report explaining its objects and pro
visions, has been published aud circulated and, with
out expressing any opinion Of the details of the BILL VIZ
think may safely say that the views expressed il
the report have generally received very favorable con
sderaton and that there is much hope that r.
the enactment OF laws embodyng the principles Of tina
report the evil of the laws delay vii! soon he in grea
& measure removed.
But it is contendcd in the Fichburg Address that III
remedy for the evil should be sought and is to be oun
E. only in division Of the county. How could that nea
A. sure afford relef9 Has such an effect ever been ro
at duced by such cause? Is there any precedent ror
es which IT can be inferred that such would be the resu
from the division in this case! Was such an effect pro
duced by the division Of the old county of Hampshire
to Is there delay in the administration of Justice in tb
he smaller counties in the Slatel There is one answer
al all these questions. Whenever the law administers
the evils Of its delay is felt and is made cause of com
plant 1t is SO in every county in the Stale, and in thi
- respect there is but little difference between the smae
and larger counties. The length of time within wbic
judgments MAJ be obtained in our Courts, does not dc
pend the extent of the county, but on other caosc
:. independent oft. Ina large county like this, wit
four terms ola Court, judgments may be more speedil
obtained than in county half as large with only ty
terms. We mean of course that tins vvo,,d INA co an