The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-08
REPLY OF JUDGE GODDARD.

DeoSf %" Pots0 6Hb CtuuO.
4. REPLY OF JUDGE GODDARD. SIS
Gentlemen of the Cumberland Bar =
The opening of the new Court which the
b gislatu,e has been pleased at your request
confer upon this County, marks an impor-
tant era in our judicial history.
Familiar with the intermediate system from
their youth, the trainers of our Constitution
vested the judicial power of this State in
supreme Judicial Court and such Other Courts
as the Legislature shall from lime TO time es-
labllsh." And the Legislature OF the new
State, whose entire valuation scarcely exceeded
20,U00000. with population OF less than
500, 900, FASTENED to establish not only the
supreme Judicial Court but an intermediat.
Court of three judges, which under the name
Of the Common Pleas" and District Court
administered justice throughout the State for
thirty years. .t t ..G
But in 1852. when our population had
doubled and our wealth multiplied five fold,
the intermediate Court was suddenly abolished
and for the first time in our judicial history,
either as an Independent State, or as a District
OF Massachusetts,, the entire civil and criminal
business of Maine, (beyond the juiisdit ton of
he local magistracy) was imposed upon a
single Court.
Whatever may have been the effect of this
extraordinary change in the smaller counties,
It's practical operation has always been extreme
ly unsati>tactory TO the bar and to the people
of Cumberland, who had from time immeinorlal
been accustomed to the Intermediate system,
with Its frequent terms and comparative econ-
omy and dispatch. atf e0
The immediate enlargement of the docket
and const quent increase of delay and expense
led to vigorous effort of this bar for the res
toration OF the ancient system the very next
year, an Effort unsuccessfully persisted in as
late at least as 1859.
Perhaps at that time it was imprudent to aim
at the accomplishment of an intermediate court
throughout the State. Besides, in 1854, the
docket was partially relieved by the creation
OF the County OF Androscoggin, which with
rew the litigation of five important towns.
AT the breaking out of the REBELLION in 1861.
the docket which had again become unwleldy.
was reduced TO more reasonable dimensions BY
the general suspension of legal proceedings
during the War. But since the return of peace
in 1865, business has continued to accumulate,
until at the last October term, nearly 1000 ac-
tons (l963) crow ded the docket of the Supreme
Court i'll this County, condition which one
Off learned justices has well described as
''hopeess."
To borrow the forcible language of our Gov
ernor, at is worthy of inquiry whether this
pledge has been fully kept-wherher in some
instances the administration of justice has not
been so impeded as to amount to practical
denial of it,"
Upto the present moment, ten less terms of
court are held annually In the State, (includ-
ing all The law and criminal termsl than nm
der the originai plan at the time of its abolition
10 years ago. 1t opportunities for the trial of
causes are diminished in proportion as popula-
ton, wealth and litigation increase, is It'll
prising that dockets become crowded and suit
OTIS are delayed! AT any rate In county
whose population, even in 1860 exceeded 49,
600, and whose valuation was then nearly
double that of the entire State at the separa-
ton in 1920 such was the inevitable tendancy
of the s;noIe co,,rt ,,;,b ;ts NO 80, $500 =;
The Smallest counties and onIy thrao ~ ,ha
laroest - tho rao,,l, ~, n go, -; ~ -. ~
H. da.ln,.at;a.a % Ca ~, 49, y. .Nle.
c. "so'"' "''" 'ty1"o WHICH ior'hs the
hist arucie Vi our constitution guarantees to
every citizen speedy justice IN emphatic words
land right and justice shall he administered
freely and without sale, completely and with
out denial, promptly and aoittout deLav"
Realizing that this serious question admitted
of but one answer in this Co,,ptv ,b;s hor a. /.
m go IN No,,or,h.. aIo,oI '..o 20. =. :
n,ena,e. n mi g. -, -" W
49,, .. i'i ieiei anu tnat oi their
49,, a'itI.. "a ouiiloerisha' "A Dill was
h' suo,ni''e" w d very lull meeting OF the
par careiuiiy considered and amended, and
,heh unanimously recommended TO the Legis-
| lature. The movement did not escape The no
| tice of the Executive Who 90 has ~ ohsar,,
ed, was reased in b,s as na1 oe dd oosef.,
| direct at,zn,;n,, =. Ia "uo'ees' "
the Uew S't crt to the imperative necessity OF
The bill was ably presented and exn,ainad
to the Legislature by one of your own number
the eloquent Representative from Portland
| and after thorough discuss on of it's merits
was passed by very large maiorities in each
| House, LII becomes .l:.
occasion to congratulate you on the full ac.
complishment OF your wishes.
Although the county had been satisfied with
the old intermediate court, something more