The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-24
SPEEDY JUSTICE AND PRECE-
DENTS

The object of courts of last resort vAri-
ously called supreme courts, courts for the
correction of errors, courts Of appcals-is
two-fold. First to establish the rights of
party litigants, and, secondly, 10 declare
the law, not only as applicable to given
case, but to all similar cases which may
arise in the future. The latter object over
shadows in real Importance the former, In
that the general public are deeply interest
ed iu the right Interpretation of the law as
applicable to the business of life, while in
the former only one or two are immediate
~ concerned in such Interpretation. The
importance of correct decisions for party
iligants, however, must not DC underesti-
mated, for in all such cases more or lees of
property, and it may be liberty, or, even,
life itself, is involved in the issue. 1t is,
therefore, in the highest degree important
that the decision in individual cases should
be right as between the parties, but that
the end should be reached as speedily as
may be consistent with equal and exact
justice. But do they obtain this speedy
Justice? Let the first case on the calendar
OF the supreme court, at its recent session
in Rutland, answer. We there read that a
judgment was rendered, on lease stated"
at the September term, 1867, of the Rut-
land county court that the case went to
the supreme court, was there heard and
n judgment rendered; that upon other
questions connected herewith, there was
n further hearing at the general term of
the supreme court, in November last, and
that it now goes again to the general term
for re-argument ; SO that, always provid-
ing the case shall then end, it will have
been nearly seven years in the supreme
court-all of that since it was taken there
to say nothing relative to its earlier history
in the county court? Is this speedy justice.
Is 1t justice at all?
We are not now speaking of precedents,
but only of establishing the rights of parties.
1t is evident that there IS a grievous fault
somewhere! Ii may be with the judges
it may be with the parties or their attor
neys, or it may be with the law
Whatever the difficulty is, it ought to be
remedied There are several reasons, as VIZ
look at it, for this delay, which we may
mention without particularly considering
them here. Too many cases are carried Il
the court of last resort. Its aid is toe
easily invoked. This must be evident t
the most casual observer of the course O.
business in court, or upon the most cur
sorry examination of the published report
of their decisions, We venture TO say tina
large proportion, if not the largest pro
portion, of cases there adJudicated nvolv,
less than twenty-five dollars as the pecuni
AIRY sum in dispute. If exact justice is t.
lie done between the parties, as much time
care and research must be devoted to TIN
investigation of these cases as TO those in
volving thousands of dollars. Men, to b
in a small matter, as in a larger but
does seem absurd to put the state to tn
expense of trial in a matter where tn
whole amount in dispute, including taxabl
costs, would not pay the reasonable charge
of a respectable attorney for simply pie
pairing and arguing the case IN court
Moreover, these small cases take as muc
time ms larger ones, and delay and hinde
other and more important cases. TIL
peripatetc nature Of the court contribute
largely to the number of these trilling casel
The supreme court is here one week, i
Bennington county the next, then in Wine
ham county, and so continues its peregr
nations until it has visited every county
the state and brings up at last, in gener
term at Montpelier, and then takes breail
for week or two, preparatory 10 maxim
the grand rounds again. 1t is evident thu
there is too much OF this small business
and that the legislature could scatter it b
limiting the amount in dispute, belo
which causes should not be transferred
the supreme court, or by making the coul
stationary holding i,s session either in on,
three or four places, in the state. BIT
will they do 1t +!
The number of cases, also, impars th
value of decisions as precedents. 1t Is al
parent, of course, that the greater the nun
Der of questions presented for adjudication
the less time there will be for their prop,
consideration, and the value of a breeder
rests upon it's correctness and the correc
ness OF every step OF the reasoning /
which conclusion is reached. But, v