The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-05-28
4 GREAT AND GROWING EVIL

IN 100 nlUCn HlStc Ill DuTlulS.
GREAT AND GROWING EVIL.
Complaints come TO us from several
sources and from different parts of the
state in reference to n growing disregard
and violation of the statutes, which pro-
hibit an individual from acting, in a judi
cial capacity, in the determination of
case in which he is interested, personally
or otherwise. The laws are positive upon
this subject. but it would seem that laws
should not be necessary ones self
respect would prevent such action. The
particular complaint is, and there are sew
clal similar ones, that justices of the peace
and judges of probate, try and determine
matters IN controversy in which they are
employed, directly or indirectly, as attor-
neys. Here, as will readily be seen, is
personal interest. but that would make no
difference in the right or wrong of the
matter, \ moments reflection would CON
vince any one that a court canno, be i'm
partial in %the decision of a case about
which he has already been consulted and
has given his opinion. Try as hard as he
may, the old bias remains and colors the
impression made on his mind ny the test-
mony. In cases of trial by jury, the law
excludes from the jury:box all those who
have formed and expressed an opinion, no
matter how intelligent the iuryman may
be. In the cases referred to. in the COM
plants which have been made, there had,
perhaps, been no consultations, no express
sion of opinion, or no direct knowledge of
the facts and circumstances of the particu-
lar case to he tried and determined, but it
is asserted that there was. if not direct
an indirect employment as attorney there
in, and such Il participation in the fees
charged as to prevent that fair, unbiased.
impartial trial which the law endcavors to
place within the reach of all. We have
referred TO personal interest on the part of
the court so that we might place the whole
subject before our readers at once, al
though it is not claimed that any judicial
tribunal has taken cognizance OF case in
which he was directly or indirectly a party.
Let us look at the law. A Justice is pro-
hibled from doing''any judicial actin cases
where he is related to either party - within
1.-THE fourth degree of affinity or consanguin-
'lty, or where he ''shall be, directly or m
"dl'ectly interested in such cause ormattcr."
and, also, from acting "as counsel or at
'torncy' and from advising or assisting
either party in a suit before himself or one
appealed from his decision. In reference
to probate courts, the statute is nearly as
specific. We quote ;. No judge or register
"of any probate court shall he admitted to
have any voice in Judging or determin-
ing any appeal from his decision, or be
"pe|"'itIed TO act as 0ttoraey or counsel
"Uereoh, or TeceiUe fees as counsel in any
'''nottnr ronhing IN the probate court, of
(which he is judge or register These
prohibitions seem to be plain and specific.
| The are founded, too, on the eternal prin-
ciplcs of right and justice. Are they obey
ed: They surely ought to be- but we fear
""'' INV '"hll'luihlS coile 10 us 700 Spe-
officially to admit of much doubt. No
Judge OF probate, says the law, shall ''act
as attorney or counsel in case ap-
pealed from lis decision. A justice is pro-
hibited from advising or assisting either
party in suit appealed from his decision,
and the same prohibition would, should the
question be raised, undoubtedly be extend
cd to all inferior tribunals. How is this
statute violated ?-wc will not say avoided
because it is a palpable violation not evasion.
we have before us list the judges of pro-
bate in Vermont. and several dockets of
cases standing for trial in the county courts
in different parts of tie state. Quite a
number of cases are noted as ''appeals from
the probate court, or something to indicate
the same fact, and the names of the attor-
MES in these, as in all other suits, are given.
1t is true that we do not always find the
name of the judge there, but, in nearly
every instance, we find that lis Laao lartner
is the principal attorney on the one side or
the other Wherein, pray tell us, is the
difference? Can two attorneys form CO.
partnership and dissolve it in one case and
continue it in all others? Can a Judge be-
impartial, when his partner appears as
counsel for one side, although there may
be probability, but not a possibility, that
he is not interested in the fees. and does
nothing of the aiding, assisting or counsel
ing What is a partnership in a particular
| business Is not one partner liable for the
acts of his co-partner, and also, interested
in the fees OF the Office? The business, if
we may trust to the court dockets," does
| not stop here hut in some cases Judges
and registers of probate boldly enter their
names as attorneys and try causes appealed
from the decision Of the very court over
which they are supposed to impartially pre-
side or act as clerks. We do not intend.
this morning, to ''call names"-but shall do
so if it becomes necessary-we simply de-
sire to call the attention of our fellow
citizens to this growing evil, so that they
may guard against it.
= Narrow Escape.