Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-08-14
NEARER RIGHT THIS TIME.

matter or individuals.
NEARER RIGHT PHgs TIME.
The Springfield Republican of Satur-
day, has a lengthy editorial upon the
attitude of that paper towards the Yer
mont Central railroad company. in
which they reiterate some of their
charges against the trustees and manag-
ers, and state certain matters of fact as
the foundation of their charges, that
have already been disproved so many
times, that we feel that we should be
imposing upon our readers to again adj
vert to them, but the Rcpub'jc0H has one
sentence in their last arraignment that
requires few words of comment. They
say: 1--WE say that there is no way OF.
looking at these facts in which they do
not constitute a gigantic scandal, a fraud
upon private right and foul stain upon
the judiciary of Vermont. We know
nothing of the character of Chancellor
Royce; we have nothing but respect for
the gentlemen who sit upon the Supreme
Bench of the State, but we do say, and
it is patent to the blind, that there. is
something wrong; some enormous re
missness, either in the judicial SYSTEM or
the judicial personnel of a State, where
such fragrant iniquities can be carried on
for years in the name and by the author
ity of a Court of Justice"
T. =, Of TO, IN
telligent people, rot only III Vermont,
but also III other sections, that a com
munity so intelligent and so alive to the
spirit of progress that permeates all de
partments of industry and business, ms the
citizens of Vermont are. should continue
year after year judicial system, which
sprung from the closets of Romish
monks in the dark ages, and that has
nothing to recommend it but its antiqui-
ty. We have already given our views
of one feature of our complicated Cham
cery system. We now desire to say that
we think the criticism of the Republican,
so far as it applies to the general system
of judicial business in the State, ought
!
thinking men Scarcely a business man
can be found but can relate numer-
| Gus instances where fragrant iniquity
has been carried on for years, in the
name, and by the authority of court OF
Justice, and this, too, with the most
learned and virtuous of our jurists, at
the head of every tribunal. ...
A few years ago the representatives of
the people. discovered that in the fore
closure of a mortgage, there was a vast
amount of useless labor and expense,
and the legislature passed an act provid-
ing that instead of the prolix method
then in use, the equity of redemption
under mortgage should be foreclosed
bv short and simple petition to the
Court of Chancery, and the act gave
brief and concise form for the petition
and the decree; and since that day the
labor and expense of foreclosing a mort
gage has been lessened more than four
fold, and not lawyer or business man
in the State, but can see the great i'm
provement in that class of litigation; yet
the old way was only the usual method
of doing business in the Court of Chan
cerv. Now if this sweeping away OF
useless verbiage and mythical nonsense,
in a single branch of equitable jLrisdic-
ton, is such a marked Improvement,
why would it not be still greater prog
ress to apply the same principle to all
the business of the Court
We adhere to practice imported by
our ancestors from old England, which
that conservative monarchy has, herself,
abandoned in a great measure, as toe
cumbersome and expensive, and there
can be no reason for our perpetuating
the system after its own mother casts it
off. All rights can be ascertained and
all remedies applied better and cheaper
under a system where the process is a
simple petition, stating in concise Ian
guage, the facts that party relies upon
and demanding the remedy he desires,
while the answer follows the same sim
plicity and only states the facts which
tend to show that the party is not enti-
tied to any remedy. What we need is
to apply the same principle we now use
in foreclosure and divorce cases to the
ordinary business of all our courts; re-
move all technical distinctions that have
no substance make all our tribunals
"courts of equity" and require all suits
to be disposed of the first term unless
good reason is shown for continuance.
1t is this dilitory policy of loading dock
cts with cases that become respectable
only for their age; of keeping up distinc-
lions between courts of Law and courts OF
Equity, by an old barbarous grab sys-
tenn of attachments, and by complicat'
ed, cumbersome and costly practice IL
courts, whose only Office is to delay JUS
tice, that draws upon us the just condem.
nation of reasonable men, and causes
our tribunals of justice to be held in
contempt by our own people. 1t is
CRYING evil in the land, and we hope to
see the people active in bringing about
reform. SIS -
A private dispatch from Liverpool
states that Capt. Phillips andthe Officers
of the wrecked steamer City OF Wash
ington. have been dismissed from the
emnloy of the company for not casting