Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1876-11-01
erms of Supreme Court.

tit Walt vi III iuOIIti'S W w ''''
business. After Il full days hearing he said
the Judges had at times an opportunity to
meet in The evening for consultation, and
this is not what the judges should have.
And if the cases are held during vacation
they are so held till they become ''mental-
" dead" they nave to be revived, and
perhaps much that was said in argument
is not recalled. Counsel sometimes pre-
pare their cases well but lawyers are quite
too apt to presume the Court knows all
the law. The Court is nothing but lawyers
perhaps from long experience more famil-
lar with the law than most lawyers, but 4
lawyer ought SO to prepare his case rs to
know after study the law of that better
than the Judges when they come to it with
out study. Then there is the want Of books;
in nearly every county this want is felt.
The consequence is the cases are not pre-
sen'ed Us they might be. On the whole,
by the present system the administrators
of Justice is not whit it ought to be. Law
ycrs are generally not satisfied to have
their cases carried off and the Court tries
to decide all they can ut the term when
heard. good deal Of our time is spent
in going and coming. A Judge goes home
when he can. The time spent in travel
might be used in consultation. A judge
has got to get settled to his work. and 60
ing about here and there AMI getting into
cold rooms and strange rooms is not the
way to do this. This may seem a trivial
matter. What is the remedy? Under the
present system you may say you are bring
ing Justice nearer every mans door; but
you must remember thu these are cases
where the whole appears OF paper. This
is material when you are talking about
witness cases and there only. The first
advantage Of the proposed change is the
Judges 90 to one place and 90 on till they
yet through; ut work and not travelling up
and down. And here you have the State
Library; books are accessible. And there
would then be no excuse for poor proper
alton Of cases. This change, too, would
doubtless lead to valuable additions to the
books now in the Library. 1t would be 4
convenience to the profession on the whole.
Every lawyer who came to attend such
terms as these would be, the younger ones,
would derive great advantage from them.
they would hear the able>t lawyers of the
State discussing interesting and important
cases.
Mr.. French asked if in the proposed ar
rangcment I'LL Judges could be present
would not the County Courts interfere?
md Judge Pierpoint thought there would
pc no diff ally in arranging the mrilrr
Judge Barrett said he concurred in
-vctythin- said by Chief Justice Pier
ppint. We began to be Judges within five
,ren over the same years of experience.
lbr subject of this bill h> been one OF
ircp interest to me. In 1861 or 1868 (our
August circuit begins in Washington and
Nc 90 to Llmoille. Orleans. Essen and
Caledonit,)- completed our week.
work here, and went to Lamoille and
ound not Il case on exceptions.
Then We chartered Il spike team, Their,
being no public conveyance, and Went tc
Irasburgh and by noon Of Friday. had
completed the business and the next Tues
l,v were due at Guildhall. We scattered
IND Monday got to Gull HAIL, and Tuesday
forenoon finished the business and ver,
lue at St. John>burs Thursday. We hld
been in service ten days and in court only
about three days and a half. That was
rather IN exceptional case however,. Tha
IS a kind of judicial service not in the in
tnrest Of good judicial administration. Tho
difficulty in the way of concurrent de
liberation are great. Four hold the cour
in each county and the component parts o
he four are changing as the judges q
from county to county. Now we Otter
find cases hat cannot be disposed Of OF
the run. Some cases require con,idera
ton, consultation. research, debate an,
sometimes debate repeated-they need tn
best powers of each judge. How can W
decide then about cases we disagree abou
only by letter, and what way is that t
do? SO we have to enter cases with tn
court and get at each other the best wa
we can for consultation-but often in thi
way have to have cases re-argued. Thi
expense of re-argument would be great
avoided by the proposed change. Nev
York has all her cases heard in Albany
( Michigan and Missouri follow the sam
f rule. Illinois in three places. Pennsy
vania three or five. New Hampshire lat,
: Iy tried three places, and four or five veal
. ago tried one place. and judges. bar an
people like it. And New Hampshire an
f Vermont are homologous states except i
+ he matter Of politics. Lwhereupon NJ
Phelps suggested that was the only thin
4 they have the advantage of us. Our pre-
ent arrangement Of County Court tern
was made substantially in 1857. Their
could be an arrangement made easily b
which all the Judges could be present ;
, two terms here. and have no Gushing wit
terms of County Court. The judicial for,
of the state should be brought to bear O
C uses; all the bench should be present IN
not three or four judges only, rs nov
/ Three Judges can now decide IA case, an
n If | had an important case | should say
% II citizen | had the right to have the ind
f cial mind of The state in settling it. IN
! not be allowed less than half. We exnor
=. ence rs judges Il great difference betvc,
=, our general term and our county circuits
All other judge, c~oncurr4d in the r.
!, mrrks Of Judges P~icrpoint and Barrcl
O. Julge Ross said suitor> would get o1ick,
Il decisions. Judge Rclti-ld said the
woull be less labor, but it would be u
piled directly to lcgtl business. 1t Won
be Il good thing for young lawyers for tn,