Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-09-01
Arbitration.

Arbitration.
We have no means Of knowing to what
extent the members Of the society Of the
Patrons Of Iusbandry in this state have car
ried out that principle Of their order which
requires them TO resort TO arbitration, rather
than TO the courts, for the settlement Of dis
putes and differences. But that the regula-
ton itself is a good one, few will deny.
Vast sums Of money in the aggregate, are
wasted by farmers in law suits and The iu-
creasing expenses OF the administration of
the law in our courts keeps equal step with
increasing uncertainty and delay.
One Of the greatest evils Of Our system OF
party politics, or perhaps we should say, ono
Of the greatest misfortuncs that has bcfallen
us in our great experiment of republican
government has been the prominence ac-
corded in it TO the legal profession. For the
last fifty years. both as regards states and
the nation, this has been lawyerrulcd
country Legal methods legal routine, legal
admiration for precedent legal delay, OBJ
struction, red tape, and legal fondness for
frequent and fat fees, have been amply ex-
empifcd in the administration of our pub
lie affairs.
We have no disposition TO yilify lawyers,
or to cater to the. popular prejudice which
looks upon them as tricky or dishonest above
any other class. We have known too many
in the profession who have been noble and
glorious examples of high moral, as well as
intellectual attainment, to desire to utter
any sweeping condemnations, aud we are
convinced that whatever Of moral degrade
ton may have attached itself to particular
individuals or particular classes, among
them it has been mainly but an illustration
Of the law of demand and supply. Briefly,
we do not believe there are any more rascally
lawyers than rascaly clients have had use for.
But we do believe that the prodom-
mating influence in our government Of one
class, and that so small aud so specialized a
class as the lawyers, has not been healthy
one, or one calculated to promote good gov
eminent. That the same class which adj
ministers the law, should have the making
of the law, is too much like putting the
sources of disease under the control of the
physicians, or the keys of heaven and he'll into
the hands of the priests
Every intelligent lawyer admits that our
statute books are full of unnecessary, incon-
sistent, contradictory and absurd laws he
admits that in our courts, under the jury
system, the results Of suit are as uncertain
as lottery he confesses that fees and costs
are excessive, and that delays are the fire.
quent cause of the defeat Of justice. II,
knows all this, and will even complain of it
but with all the power in their own hand
what have the lawyers done to make it bet
ter Are they not continually assisting t
make it worse, and can we expect them TO d,
otherwise so long as all this complication
this uncertainty and this delay is a source o
profit to them
1t is very common opinion among tn
people, that in order to maintain prope
respect for the administration of the law il
| 'ul ouul ~ IL - utailh'I' n't " NC too ihuNl
about them. Contempt of court is cel
tainly an increasing sentiment, as the law
yers themselves admit, even when failing t
admit any responsibility therefor.
What the people want of the courts is
cheap, speedy and reasonably just dispose
of business brought before them VIVA
they too often get is heavy costs, intermino
BILE delays, and verdict about as sati'
factory as the toss of q copper. This bcin
the case, the popular sentiment is very niue
like that expressed in naval court-marti,
by the late Admiral Lanman, 4. 5. n. b,
ing president of the court, question aros
upon which there was hot discussion, an
the judge-advocate read the law touchin
the question. The Commodore (his rank q
that time,) looked up, surprised and exciteC
asking, sis that law ?" aud being answere
Yes burted out with red face, as Ii
struck the table a trip-hammer blow, " D.
the law; we want justice ?" That such
the growing public opinion, is already we
understood among the better class OF law
yers, and is attested by the following extrac
from an article that recently appeared j
the Ai5dny Lac Journal.
A deadly hatred against the profession, u
bench not at all excepted, is brewing among III
best classes and the best lay lights Of the COMMIT
nifty, which may ultimately lead to a reform
the law, but which bids fair TO bring about a ten
porary crusade against all law rs expounded Il
lawyers, and all justice rs administered By cou. Z
This storm, permit me to contend, it is for the be
minds OF the profession to alayi not by triun
phantly showing that decisions offending even
sense of justice are on line with precedents, III
by advocating a timely reformation by the legi
lature; not by expressions Of contempt for all Il
sentiments of laymen in regard TO the admin
tration OF public justice, but by patient inquire
into the cause OF 80 singular phenomenon as Il
direct opposition between the law aud the int
ests of the public, for the protection of which TIN
law is supposed to have been made That the Ia
was made for man, not man for the law, is pril
ciple which no decision can ever subyert. If Il
struggles of the future should take such shaI
as to array on one side the public peculators, II
judiciary and the bar, and ON the other the PEE
Pile the press and public opinion the future Of II
country will justify the grayest apprehension.
1t may be that what is hoped for by TIL
writer will be worked out by the lawyer
themselves, or in default Of that, by the PEE
pie taking the matter into their own hand
and reforming the law by first reformiu
lawyers out of the legislatures and out {
Congress but pending that event. we deer
it important for farmers, at least, who, as
class, can least afford the drain upon the
pockets that is sure 10 attend suit of lay
TO organize a system Of arbitration, aud
foster a public sentiment that will frow
upon the practice of going to law in all minc
matters, and shall endeayor in every way
promote a disposition TO arbtrate even Il
most important questions that arise anon
them. by taking such course, we can
much to aid those lawyers who desire a r
form TO accomplish their purpose.
HoEISG.-The idea of hoeing simply
kill weeds is ridiculous. 7Widge is manu-
We seek, by cultivation, TO mellow the 50
and keep il porous, so that il shall be able
a