Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-11-10
The Proposed Change in Sessions Of the su
prcme Court.

| lier, as expressed at the nearing before tne
Judiciary committees, on Tuesday evening.
This was promptly sent~us by our Montpe-
lier correspondent; but has been hitherto
crowded cut By political matter:
Judge Perpoint said the first reason he
would give in favor Of the proposed change
was that there is not time for the judges to
properly consider and decide the cases that
, come before them. The time is very limited
in which the courts are held in the various
counties, and the business must be hurried
through to enable the judges to get to an
other county TO attend another session Of
court. The hearing of the cases occupies
the hole Of the time from 9 O'Clock in the
morning until late in the afternoon,
with bat q short recess for dinner, and
the only the left for consultation and
comparison Cf views and to look up the law,
Is in the evening, when they ought to be
allowed to rest and recuperate for the duties
Of tie next day. If the cases are taken
home and considered between the sessions,
there i no proper opportunity Tor compar-
ison Of views. lie said that 1t was impossi-
be Tor the judges ID give proper considera-
ton 10 the cases, as they are too often
presented by the counsel under the pres
ent system, for the reason that the proper
books could hot be had for reference. The
time spent in going from one county 10
another is Of considerable importance, and
ought to be spent in the consideration OF
the business OF the court. The incon-
ycnience, also, of accommodation at most Of
the county seats is a serious objection to
the present system, and tends to the inefh-
Z -. Of III rla ba
present system brings the trials near home,
and nearer 10 the parties in interest, is of no
account, as the cases to be considered are
questions Of law alone, and can better be
considered where the judges have nothing to
DO but TO hear the cases, and have time
after proper consultation to make up
carefully prepared decision. In Montpelier
VIC should have the benefit Of the library for
reference, which would be great aid to the
Judges He thought there would be no diff
Guilty in arranging the terms of the Supreme
Court so as not to interferewith the terms
Of the County Courts.
Judge Barrett said lie eoneurred in every
thing that had been said by the Chief Justice.
They two began to he judges within five
minutes Of each other, in 1857, and their
experience had been the same He said that
the August circuit comprised the five north
/ east COUNTIES ard cited their experience in
| 1851 or 1868 in going from Montpelier to
/ lIydepark, where they found no cases for
/ hearing bu. one or two divorce cases. which
were disposed Of in one day, and then they
went to Hydepark, and finished the business
/ in half day. From there they were several
DAYS in getting to Guildhall where the bust
ness was finished in another half day.
| Thence they went to St. Johnsbury, and
| finished tier business in another day. Here
the court lad spent nearly two weeks in
! Judicial service, but only three and half
days in actually hearing eases.
Judge Barrett, gave instances of the incon-
yenieuce arising from the present system
and .aid that in other States the hearings Of
Supreme Courts are heard at one, two or
three Places ard the system had met with
favor from the COURT the bar and the people
II this bill is passed the sessions Of the
County Courts could be arranged so as to
enable all the judges to attend the two terms
Of the Supreme Courts thus we should have
the benefit Of the fall judicial bench. Under
tie present practice, three Judges may decide
eases which IT the other four judges were
present az Tie hearing, might lie decided the
to have tie judicial mind Of the seven Judges.
Judge Wheeler coneurred fully in what
Judges Pierpoint and Barrett had said.
Judge Royce said lie fully concurred in
v lat had been said. IL was a subject that
had been discussed by the judges, and he
thought the case had been well stated.
Judge Ross said there was one additional
advantage not yet suggested, that suitors
would have two opportunities for the hear
irg Of their cases under the new system,
where there is now but one.
Judge Rcdfeld said it was not necessary
aor him to repeat what had been 50 well !
sa.il ~ Judges Pierpoint and Barrett. |
Tie matter Of relief to the judges was of |
importance, as tie cases would he tried |
letter, !: 10 more ezpeditiously. lie took /
occasion TO say that AT the sessions of the |
Supreme Court. what the court wanted was
not speech. but an argument prepared
from careful study and be gave the oxpe-
Renee Of enc member OF the bar who had had
eIucrience in another State. where the
younger members of the bar had been much
Trofted ly attendance upon the hearings be-
fore the Supreme Court. In New York
city they prefer to 20 up to Albany for their
hearing in preleronse to having them heard
in the city.
Judge Powers concurred in the views of
those who had already spoken, and thought
there was not the least difficulty in arrang-
ing the terms Of the County Courts so as not
10 interfere with the sessions Of the Supreme
Court
Hon. L. P Poland said the greatest evils
that he experienced, when he was upon the
bench, were the time wasted in going from
| lace 10 lace, and the want Of Opportunity
Tor the judges TO compare views and proper
y make up their decisions. The Judges are t
compelled 10 sit seven hours in each dav,
and then are compelled to compare views in :
he evening. The Supreme Court Of the /
nlted States never sits more than four '
l0uTs in Gay, and Saturday there is no ;
ession, but the day IS wholly taken up in !
consultation, enabling the court to render !
decisions On Monday. lie thought two ses-
ions Of FIVE weeks each would be ample to
ran-act all the business Of the court, and
Re County Courts could be arranged to en-
.bie al tie Judges to attend both sessions of !
he supreme Court. He thought we might !
X?cct ircIG the new system an improve
-,ut in the character of the decisions of the !,
curt, which were perhaps susceptible of !
OblGCteQ
his bill that the younger members of the q
ar would not wish 10 20 up to Montpe- Il
Ter to argue cases, but that a few Of the :
aating members Of the bar would argue !,
early all the cases before the Supreme Il
curt. This would not be found a valid !
bjection in practice, as had been proved u y
o Tie practice Of the Supreme Court of the =
.nited States.
L. j. Phelrs, Ed, said be attached very a a
reat Importance to the change, as condu- .
i've to letter quality Of the decisions Of
ne Supreme Court. lie spoke from the
ont Of view Of lawyer and not from that :
ken fy tie judges. lie would never argue ;,
case hoi0Te the Supreme Court in the cir a
at, when he could invent any excuse t. a.
ct it heard at the General Term, where he ri
luld have the whole court. with time for ri
roper hearing, and a suitable library for q
ference He stated fully his reasons for ar
vorlng this bill, and the change it proposes Ia
make. The present system is fertile in v,
lays, which often results in orders for re- IL
sument Of the cases, which would not N
Ae place under the proposed system. The r,
esent system detracts from the importance w
At ought to attach to the decisions of the +,
prcme Court. We shall have better az q,
men's and better decisions if the sessions mr.
e holden at one place. bn
Chas, \. Davenport, E-q while not favor ST,
, the bill, eoncurred in much that bad been fsl
d. If the courts are not held at Montpe- he
r. he would have the judges meet there an
consultation before rendering their decis- il
$. lie thought, however, the new svs- rid
Q would impair the efficiency of the bar. II,
paid a tribute CT praise to the bar of WI
rmont as being superior to that Of other ma
ties. lie feared the effect of the change me
N the younger members Of the bar. wo
------ eve
How IiIden Conducted his "s,iI Hunt" hin
hat eminent Democratic light, the Chi con
0 Times, described as follows, the other eve