Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1874-10-14
The Supreme Court.


The resignation Of Judge Peck, and the
vacancy thereby arising among the justices
of the supreme Court, has had the effect Of
/ bringing into prominence our present judi
ciary system, aud two important bills have
been introduced into the Legislature remod-
cling the same.
The first, introduced by Mr.. Blodgett, Of
st. Iohnsbury. reduces the number Of judges
from seven tosix. and provides for an annual
salary for each Of three thousand dollars,
in place Of twenty-five hundred dollars, as at
present There can be no doubt that the sum
already paid our judges is insufficient really
pay for the talent we demand Of these gen
temen, although, so far, We cannot fairly
deny that it has secured the best of legal
ability
The bill Of Mr.. Henry, Of Chester, how
ever is more revolutionary in its provisions.
It provides that the supreme Court shall
consist of one chief Judge and three assist
ant Judges, any two Of whom shall be quo
rum. II further provides that the sessions
Of the supreme Court for hearing the causes
brought 10 it from the County Courts Of Ad-
disiou. Bennington, Chttcndcn, Grand Isle,
Rutland Windsor and Windham Counties,
shall be holden at Rutland; and at least one
session shall be- held each year; and the SUI
preme Court for the remainder of the state
shall be held at Montpelier, under like con-
dtions.
The bin also provides for Judicial circuits
in the state; the first consisting Of the coun-
ties of Bennington. Rutland and Addison
the second of Wiudhan, Windsor and Or
ange the third of Chittendcn, Franklin.
l.amoille and Grand Isle, and the fourth OF
/ Washington. Caledonia Orleans and Essex.
| 4 circuit Judge is to be- elected ut the rcgu-
lar session Of the legislature for each Of the
judicial districts established and county
courts shall be held 10y them at the times and
places now provided 10y law. In cases of
/ disability, from any reason, of the circuit
Judge to hear amy cause properly coming be-
fore his court, any other circuit judge is
qualified to hear such cause; and each iudg,
is by the provisions of the bill made chan
ccllor, aud granted within his judicial cir
cult, all the powers Of a chancellor. tn,
usual and proper guards in relation to the
trial of causes by judges who have, preyi
ously to their election, acted as counsel it
such causes, or are related to either part,
within the fourth degree of consanguinit.
or affinity, are provided.
There is much to be said in favor Of man.
Of the provisions Of Mr.. lIenry's bill. 1t vii
3 be perceived that the proposed constitution
! of the court is analogous to that in this stat
e for several years previous to the year lS5i
( inwhich year the present system was adopted
2 The reasons for this change have neye
; seemed to us to have been adequate, and
J.. arose, as we understand the case, full a
l much from jealousies among the judges a
! from any defect Of the system
b The provision for consolidating the ST
D. preme Court at Rutland and Montpelier
: one which we have had occasion to commen
1 previously, as tending in great measure
1 do away with the appeal Of petty causes
( the Supreme Court, thereby saving a vas
e sum each year to the state. Another reaso
j. in favor of such action is, that, at both place
i especially the latter, can be found extensiy
T. law libraries for reference both 10y the judg,
: and the bar.
r We see no provision in the bill for cleo
+ ing side-judges, and presume the office woul
, be abolished by the provisions Of the bill
+ There would not be much cause for regret
= such should prove to be the case as most Q
i the duties could be performed by the cler
of the court, at a greatly reduced cost on tn
I present system.
5 In any event it seems that our presei
y judiciary system is to have an oyeihaulinl
+ and if any improvements can be made upo
it, we certainly hope they will be effected.