Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-10-30
Vermont Legislature.
I CONDENSED from Waiton's Daily Journal.

hep0rS.-By Mr. Willard from the COM
nittce on Banks, in favor of bill relatingto
Banks, with amendments, (requiring the
directors to give bonds for the redemption
Of the Banks liabilities.)
Mr.. Willard moved that the bill DO laid
on the table, to be made the special order
Of Tuesday next t IL A. Nj. Motion pre-
vailed.
BY Mr.. Willard from same committee, in
favor of bill authorizing tho business of
Banking, with amendments. The amend
ments proposed BY the committee on Banks
wcro agreed to and the bill was laid on the
ia BILE.
HousB.-The engrossed bill to repeal act
after some discussion was laid on the table
and made the special order for Tuesday
next at 10 A. NJ.
Special O, der.--The House resumed
consideration of tho bill repeating the
Judiciary act of 1856, the question being on
the motion to dismiss.
Mr.. Marsh OF Brandon thought that the
question is simply this Will you take q
board of six men to try and decide ell the
cases at n,N prius relating to the lives and
property of the whole people of this State,
and then take the came men to hear and
determine these cases in the court of final
resort or appeal, by way of exceptions to
the decisions of tho court belowl For it is
idle, said Mr.. Marsh, to pretend that
because you have a provision that the
Judge who tries case at the County Court
shall not sit IN banc to try that particular
case, that, therefore, that Judge exercises
no influence or his brother Judges, who
sit in the same court and on the same
bench with him in the trial of causes
throughout the State. Judges do not like
to have their decisions reversed and broken
up this will operate as a caution on the
Supreme Bench how they treat the decis-
ions OF their brother judges. 'If you re-
verso my decision. when my turn comes
will reverse yours would be in the thoughts,
it not in the cynduct of those Judges,
and the safer way would be to keep those
gentlemen out of temptation.-IIo would
the repeal of the present judiciary system
affect the people hose interests are involv-
cd as parties in court. AS suitors they
have their cases tried inthe County Court.
They ant their counsel may believe q
wrong decision has been made against them.
They appeal from the decision, and carry
up their cases, by exceptions, to the Su
preme Court for redress. But here they
are met by the same board of men who
tried all these cases at the County Court
They find that the wheels of justice are OBJ
structed-blocked up and the only apollo
~ or excuse offered is that the Judge whc
tried this particular case in the court below
does not sit in trial upon it with his brotbe
Judges in the Supreme Court, although h
is constituted one of the Judges Of tina
court, sits in banc and travcrses the Stat
with them, in holding that court lie be
lieved that the people of the State were il
favor of the present district or circuit sys
tenn, under which they had lived for scve
or eight years, and that, if the vote coul
be taken to-day, large majority of then
would decide IN favor OF this system. Al
the facts material to the question o
case to be decided como before the Judge
of the Supreme Court from the Distrc
Judge or County Court, included in tn
bill Of exceptions. They have these fact
before tncuh. Tic whole e-.. /. r-asar+ad
and the questions of law arising from tn
facts are discussed and decided by the iude
o. without the least degree Of interest, pal
TALLY or bias arising from having any or
of their number mixed up or in any Wa
connected with the trial of the cate below
No one of their number has prejud led tt
case before it comes to them and theyIare an
should be entitled to the confidence of Il
community.
For these reasons, Mr.. Marsh said,
hoped the motion to dismiss would not Or
: vail. and that the bill now before the Hou,
would pass, which repealed the act passt
at the last session.
MIR. Stoddard of Waterford said no VI;
not Indifferent to public sentiment, whiC
was, he believed, that the present cou
does not maintain the position due to Il
curt and the reputation of the State no
however, from any want Of ability in IL
uiges but on account of the system. Oh
reason is, that the Supreme Court has n
all the facts in the case to be tried do
not see the witnesses face to face and
f obliged to rely on cases made up, and som
r times imperfectly made up. Another
that the judges become theoretical, rath
1 than practical-or, as said by the gentl
8 man from Brsttleboro', theory and practi
= are divorced. We do not so with our phi
( sicians or with our agriculture theory al
. practical knowledge go together Mr.
= said he preferred the six men power to &
c three men powers which now makes gu
? rnm of the Supreme Court. Nay, the OF
5 man power, for the cases are often assign
0 to one Judge, and we find sometimes the
retical decisions on points not even rails
in the case. 1t Is said that the judges "
, be tempted to listen to each other
them do it. 1t is better for suitors to /
Q the six judges do it. Let them discuss t
D | cases. Mr.. 5. then argued that the prese
| system OF County Court judges will be il
, proved by carrying those judges into Il
, Supreme Court, where they must consu
= each other.
t Mr.. Woodbridge of Vergennes said Il
l question is the most important of the Sc
sion, and the decision should be ma de wi
, a view to permanency. The House il n
full now, and he moved that the bill
made the special order for 3 p. NJ on Tue
5 day next, which was done.
In the afternoon the Senate WAS occupi,
with many private bills-and in consideril
! some amendments to the act for authorizi
|, the business of Banking.
, In the House, the chief topic Of intere
was the bill violating to the payment
highway taxes in money, excluding labo
and reducing the tax from Is ceuts to
cents in the discussion of which about t
same arguments were gone over as are Civ
on the same subject from year to year.
the end the State will doubtless come to t
cash system, but hardly this year. Bi
laid on the table.
SENATE, Oct. 27.-The bill to increa
the salaries of the Governor and Treasure
was taken up.
Mr.. Pierpoint said that mut
might said IN reference to the di
nifty and honor of tho Office as requiring q
increased salary but at the present tin
no could not favor movement viii,
would put the amount Of the salary of an
officer above the actual amount OF the d
ties performed. From what he knew
the labors and duties incident to the Off,
of Governor, he thought that the presel
salary of $50 amply compensated for Il
labors connected with the office.
Mr.. W ilson wished to DO understood ;
bel & actuated by no feeling of partialit
towards the present Executive as reaso
for introducing the bill lie had, for SON
timo, considered the paltry sum Of $3.50 Il
an indgnity t. the State, and he had foun
the opinion very general that an increA'
nf nav wla demanded in CONFEDERATION ,