Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1874-05-08
Commercial Arbitration.

The great commercial State Of New York,
which has long held leading position in
law reforms, has, at the present session, TAX
EN- step IN advance of what any other
State has reached, by the passage Of an act
TO provide for the arbitration Of mercantile
disputes in the Port of New York. This
act coufers on the Chamber Of Commerce
legal powers to settle disputes, By allowing
any person having dispute upon any mer-
camille or commercial subject, arising in what
is known as the Port of New York, to sum
mon his opponent to appear before the
Chamber OF Commerce for the settlement Of
the dispute. Upon the summons being serv-
ed aud returned either party may file Objec.
tons TO the jurisdiction OF the Chamber and
the proceedings must be dismissed, but if no
such objections are filed, both parties must
be considered to have submitted to the juris-
diction, and the case must go forward to f.
nal adjudication according to justice aud
equity between the parties in the case on
trial. The Governor, with the advice and
consent OF the Senate, has appointed ex-
Judge Euoch l.. Fancher, as arbitrator for
the Chamber of Commerce. and each party
to any controversy may name one indifferent
arbitrator to set with the arbitrator OF the
Chamber The decision of this board shall
he final and conclusive between the parties
and the order to carry out the award may
be filed in the office of the Clerk of the
Supreme Court, and may be enforced by ex-
ecution as judgment Of that court. This
plan has been urged for some time by mer-
chants and business, men aud great confidence
is expressed IN its utility.
One Of the prominent reasons why litiga
ton Aourishes with such vigor, is becaus,
parties act in anger and passion, when coo
reflection and especially calm conference
between them would concilate majority
of all the litigation and costly legal quarreli
that now distract the community and bur
den the taxpayers Of the state. The ten
der by one reasonable man TO another of q
friendly consultation over their difficulties
never produces bad results and if it is un
derstood when difficulties arise that usual
result in law suits, that tribunal has beer
established for their settlement upon theil
merits, where technical nonsense and endless
preliminaries are not allowed to obstruct tn
course Of justice, one or the other Of thu
parties will resort to it aud ask the other Il
appear and settle their difficulties there
We have so much faith in the practica
working of this new court that we shall ex
pect that the public sentiment will so wei
sutain it, that denial Of jurisdiction viii
be seldom heard OF after the court is fully
established. 1t may be said that the sys
TEN of arbitration recognized by the com
mon law answers the same purpose OF thi
power given to the Chamber Of Commerce
but such is not the fact. An agreement t.
arbitrate difficulty may be revoked at an.
time before the award is made aud publish
ed, aud when the parties get the award they
; have nothing except a good basis for Law
suit.
We believe earnestly in arbitration and shall
take occasion to call attention to the prog
ress made by different communities as the,
throw off the burdens imposed upon them b.
) the old cumbersome system Of doing justice
, that has come down to us from barbarou
times, and indulge in the hope that we ma.
, sometime make the same progress in la'
, practice that is made in other branches o
business Rutland Herald.