Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-01
The Supreme Court.

The supreme Court.
The bill introduced by Mr.. Dillingham; to
provide for two terms of the Supreme Court
each year. to be held at Montpelier, by all
the Judges, proposes an important and dcsir.
able change in our judicial system. This
change has been effected ia several states. to
their manifest advantage. Some Of the
most obvious reasons for such measure in
this state have, doubtless, suggested them
selves to the minds of the members of the
legislature. Or if there is any question on
the part Of the legislature or its com mittee
with respect 10 the wisdom aud feasibility
Of Mr.. Dillingham's bill, we should hope
that the committee would hear the Judges
themselves on the subject. They would re-
spond with great cordiality TO any request to
state facts and reasons in respect to the pro-
posed change, and would, unquestionably,
throw great light upon it. In greater or
less degree, all our method and forms of
administering justice are experimental.
The state should aim to reach the best pos
sibe methods, aud should make, unhesitat-
ingly, any modification of an existing sys-
TEN in the interest of Justice or the common
welfare. Such change as this bin pro
vides ought to be effected for several rea-
sons.
First, it would give the review and deci-
sion of all cases that came 10 the Supreme
Court into the hands Of seven judges instead
Of into the hands Of three judges. as the
court is now constituted. 1t might often
happen that decision of seven men would
be the reverse of that of three 1t certainly
would be better that every case which is set
tied finally should be settled rightly, iu or
der that injustice should not be chTystallized
into permanent fact. And we conceive that
the determination Of any case by seven Of
the most accomplished lawyers and iurists
OF our state would have greater force, and
be likely 10 be more in accordance with law
and right, than the decision Of three Of our
most able men. The ltigants in any mat
ter would desire that their affairs should be
reviewed in the last resort 10y court com
posed Of all the judges
Second, such a change in our judicial sys-
TEN would be likely to weed out the petty
and paltry cases which are now often APP
| pealed, for no other reason than the passion
which an adverse decision in the nisi jrius
| r.. 4 -. Al.
way of passionate and malicious litigation is
one of the prime duties OF legislation. 1t is
not possible TO eject such cases from court
altogether, but it is desirable to put so many
obstacles in their way as to prevent theii
clogging the machinery of Justice and ab
sorbing the time of the courts to the iniurN
Of cases that ought TO have the gravest con
sideration. As the court is now constituted
an appellant may have his cause reviewed
by the Supreme Court, and remanded fol
another trial without much cost But il
his cause should 60 before the full bench al
one Of its terms, at a long distance from hi,
home, it would require more preparation
more outlay, more expense every way, and
this fact might decide his mind against an
appeal And in all probability the Supreme
Court, consisting of all the judges, would
terminate on the appeal more cases than
they are now willing to do. Thus the pro
posed system would weed out the patry
cases from the Supreme Court docket, and
actually reduce the general expenses of iti
cation.
A third reason, which is of considerable
consequence in our state is, that such a
change would establish a higher standard
OF professional life among the members OF
the bar 1t would bring the eminent mem
bers of the bar, from all parts of the state
together twice In the year. The younger
members OF the bar would find in the Su.
preme Court models for them to copy, and
sources of professional knowledge and inspir
ration opened to them, from which they are
now largely excluded. Anything that would
raise the standard of professional attain
ments and character among the members Of
the legal fraternity in this state ought Ger
N"N''i W h"NN WV hiSob l'i'lVhiih tuunlutId
ton Of the Legislature. And that it would
do this by bringing them into occasional
contact, and diifusing among them higher
ideas of legal study, requirements and sue
cess, and higher motives of professional life
is quite obvious.
Nor Is it an unimportant, though it is a
minor consideration, that the two terms Of
the Supreme Court should be held at the
Capital, where are to be found the law re
ports of all the states and such other author
tiles, commentaries, and standard works on
law, accessible to judges and lawyers alike
in the State Library, that are often essen
tial to the best making up or decision Of a
case There is no other place in the state
where such great facilities for the trial and
determination of legal question exist, as al
the Capital. The State Library, however
deficient in other respects, is very ample in
its legal treasures. With these few sugges
tons, we leave the matter for the present, a,
1t is not our purpose to do any more thar
state some OF the most palpable reasons fol
a measure of which one of the most eminent
of our judges has said Not reason exist,
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