The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-31
OAK OPPRESSIVE. .gsDsil,y.
SSSEET.

Ii Is :; common rcsOr; OF those who have
been defeated in lawsuit, 10 vent their
disappointment in railing ut the supposed
delays Of the law and the expense, thereof
not The expenses Of the lliganis but
those borne by the taxpayer for his benefit.
There il, for some reason, n peculiar charm
:" IL" snhjoct Of claw reforms ooch inAi.
ridual supposing that he could devise n
system where relief would be SUMMARY
aad inexpensive. One would alter The
modes of choosing the judiciary another
would change the whole system Of nrac-
ticc; still another would have courts con.
SANITY IN session while others would
abolish trial by jury and substitute arbitra
ton therefor, These are but tithc of the
schemes suggested, all proceeding upon the
supposition that there is an un1easoaoJ!edc-
lay on the part of our courts in disposine of
business, and that large proportion Of tho
expenses OF the business transacted comes
from the pockets Of the people, who are
not interested in the litigation, in the torn
OF taxes. Now VIC undertake to saw that.
so far as Rutland county, that is the litga-
ton of Rutland county, is concerned,
neither of these propositions is true. The
printed docket of civil cases, standing for
trial at the present March torn Of the Rut
land county court contains three hundred
and seventy-threc cases. Going back some
four or five years, the docket will show
about the same number of cases pending
perhaps few more or 4 few less. II is
from this that the argument is drawn that
cases are unreasonably delayed. One i'm
portant fact, however, is left out Of SIGHT.
namely that new suits are being constantly
instituted At tho present term, some two
hundred and thirty ''ncw entries" have
been made, and yet, at the end Of the
term, the docket will, probably, show no
more cases than il did at the commence
mcnt. And why: Because that number
OF cases will have been tried or otherwise
disposed of. At fair estimate, from
Three hundred and fifty To four hundred
new cases are brought before the county
court each and every ycar. aud 40 long a,
The docket, term after term and year after
year, shows only about the same number
ot PENDING cases, the other fact rcnans
that an equal number Of cnscs have hcrn
disposed az during thc year There is not.
necessarily a trial upon every case. many
being brought merely to enforce settle.
mc't,, and in which no trials are desired or
expected by Gather party. Thcre are other
cases which remain upon the docket hy
consent. for the benefit OF both parties,
which, ii desired, upon the motion Of
either, could be disposed at any time A
court in session only twice year, and
some four weeks at time. cannot he called
very "slow' that manages to dispose Of
four hundred cases during that year
Let MS now see how il is with thc,r terri
bic expenses Of jury trials, that bear with
such crushing force OH the pocket, of The
taxpayers OF Rutland county The argu-
mcnt is--or, at least, il is its legitimate re-
snlt-that because the law in its humanity
only requires suitOr TO pay seven dollars
in order to obtain a trial by jury, and be-
cause the jury fees for the time occupied hy
the trial might be fifty, hundred, hun
bred or thousand dollars. therefore he
oD9M not to have a jury trial, 1t would be
a sufficient answer to say that such right
can be denied to no man under ordinary
circumstances, if it was claimed. 1t would
be sufficient answer TO say that these
same taxpayers might, in turn, receive
back their tax an hundred fold, should they
be compelled to appeal to the law. 1t
might, moreover, be sufficient answer TO
say that this system of arbitration, under
the name of reference, has once been made
compulsory by the legislature of Vermont,
and that, after year or two's trial it was
abandoned. 1t might, perhaps, be still
moro satisfactory answer, to state that
parties having difficulties, can now, If they
so mutually wish, settle their difficulties by
arbitration without a resort to court of
law; that the decision of the arbitrators,
when made and published, Is complete and