Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1874-07-18
For Assistant Judges
WILLIAM r. SILVER.
HARVEY II. LUCAS.

Some Of the newspapers of the
State, are discussing the probable re-
suit of judicial affairs, as the conse-
ucence of the nomination of Judge
Peck, for governor, conceding that his
election is sure, and that it will create
vacancy on the bench. So far we
agree with them. But when they go
still, further, and advocate the dimin-
ishing of the number of the Judges by
one, and the division of his salary
among those remaining on the bench,
that they may receive sufficient COM
pensation for their services to enable
them to "meet their expenses" we
are not so sure that we agree with
them, for we believe that the State is
able to pay her judges a sufficient
compensatol for their time and SER
vices, and also employ a sufficient
number of them to do the work faith
fully and well. They also talk of
one needed ''reform" which they
strenuously advocate, that is, the
holding of all the sessions of the STU
preme Court in one place; and the
Watchman says that 'no place is so
convenient for this purpose as Mont
pelier." This last may be true, but
when it says that such course would
lessen the expenses of the court and
bar of the State, and that only those
cases which ought to be appealed, and
have the decision of the full court,
would be likely to be carried up, we
do not agree with the theory advanc-
ed. We can see no good reason why
onr resent system of holding the terms
CT the Supreme Court in each county,
should be abandoned. Why not
as we'll abandon the system of holding
trial terms in each county, and have
q continual session of the same held
at Montpelier? certainly it would
tend to decrease the sum total of law
suits in the State but would it pre-
vent unjust suits being brought ?
rather would it not tend to the bring
ing of many suits that never should
be started. for the reason that unprin-
cipled men of means, would take adj
vantage of their poorer neighbors,
knowing that the poor man could not,
for want of funds defend himself? SO
in like manner, the cases are not rare
where the poor man seeks to obtain
his rights in the County court, and
having obtained favorable decision
there, his antagonist,a man abundant
ly able to pay, takes his appeal to the
Supreme Court, determined that if he
is compelled to pay anything, the
whole sum shall be expended in costs.
Now then, can the poorer aclasses
defend themselves, or dress their
wrongs as we'll if the Supreme Court
is holden only at Montpelier, as they
can under the present system? In
other words, can they as well be to
the expense of sending an attorney to
Montpelier to attend ten or twelve
weeks term of the Supreme Court
ahere, as they could to the same court
when 1t holds session of a day OF
two in their own County? Doubt
less such change as proposed
would, if the term was held in Mon.
tpelier, prove decided benefit to
that village, and therein we think
hhere is some reason for desiring the
change. Neither do we doubt but that
it would prove in measure "benfi
cial to tie lawyers" but even that is
40 good reason, for we think the
lawyers are able to take care of them
selves, uiaGef the present system.