Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-12-24
JUSTICES OF THE PEACE.

We are glad to learn that Governor Banks
has expressed determination to veto the alb
surd practice of appointing every tenth man,
or thereabout in the Commonwealth, a Justice
of the Peace. During the administration of
Governor Gardner, these officials multiplied
and swarmed upon us like an army of locusts,
until it seemed likely that the whole adult
male population of the State would become
magistrates 1t was even rumored that our
friend Kimball, of the Boston Museum, had
offered reward for the person who had not
been appointed Justice of the Peace, for the
purpose of placing him by the side of the
mermaid the mastodon, and the other wonder
full things, in his spacious temple of curiosi-
ties. The practice was not only absurd, but
highly detrimental to the interests of society,
and the State. For while but few Of those
appointed, knew, or cared to know the duties
of the office, there were others who encour-
aged civil suits and criminal prosecutions, for
the sake of the fees resulting from them !;
while others made great and unnecessary cost
to the Commonwealth, and promoted needless
litigation in the community.
This evil was to great extent remedied by
the wise law passed at the last session of the
Legislature, authorizing the appointment of
Trial Justices, to have exclusive jurisdiction
in criminal cases. We know of towns in this
county, in which the costs attending criminal
prosecutions, have been reduced more than
seventy-fve per cent from the average of for
mer years, while the peace and good order
of the community have been better cared for
than before. Nor have we any reason to doubt
but that such has been the case throughout the
State. 1t should be so if the Justices fully
realized the responsibility of their position.
All that is now required, is that the next
Legislature should finish the good work already
begun, by enacting law authorizing the ap-
pointment of Justices to have exclusive juris-
diction in all civil cases. By a recent statute,
the jurisdiction of Justices of the Peace is ex-
tended to all cases where the sum involved
does not exceed 500, thus giving them the
control of large share of the cases which
arise in community. OF course large ma
iority of the justices are not sufficiently famil
lar with the law, or WIN Une rules OF evidence
to decide cases understandingly, or with just
regard to the rights of parties concerned
Consequently in all contested suits, but little
weight is attached to the decision of the mag
istrate; the case being almost universally car
ried up for trial and decision in the higher
courts. Could a judicious appointment be
made of persons qualified for the duties of the
position, much of the anxiety, as well as many
of the numerous bills of costs attending trials
in the Court of Common Pleas, might be saved,
and the whole trouble and expense of litigation
in small matters be materially lessened.
We say, therefore, by all means, let the Le-
gislature, at once, pass such law, and let the
policy adopted by our present excellent Chief
Magistrate, with regard to the complimentary
appointment of Justices, be carried out in the
future; and another of the few remaining
absurd things connected with our judicial
system will cease to excite the ridicule of the
community