The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-06-27
WEDNESDAY MORNING. JUNE e. 1877

dence which we call law and equity, by con-
sidering equity as the balance wheel regu-
latlng the intricate machinery of the law.
And yet fair criticism would admit that
this Ia not statement of the entire situa-
ton as we find 1t to-day. l am speaking of
ends, not methods. OF the requirements
giving rise to the Use of court of chan
Gerry there is certain class which do not
arise from what the law cannot do but
from what 1t does not do. Through various
causes we now find the common law. in its
application between man and man, fcttered
by sundry 30 called forms of action, which
have been developed gradually and which
are apparently as firmly seated as the ever
lasting hills. For this system the text
writers claim a natural and philosophical
origin and necessity. The court of chan
Gerry arose from these impcrfections. Its
history both In England and lAmerica was
traced, and the details Of the erection of
the court in Vermont given. In many
states an effort has been made to dispense
with the court of chancery and in New
York it succeeded 10 1919 The courts of
that state have ever since been eng ragged In
| defining and establishing the most compli-
Gated and laborious system of practice in
the known world.
AhiANi u ~ luI NdluC VI JuC
court Of chan. cry in general the speaker
said: The practical question arises, grant
| ing the value and necessity of a court of
| cbancery, is ours the best attainable +? 1t
| is greatly TO be feared that il Is not and
that when the wave Of law reform reaches
our state 1t will find so many weaknesses
In this court as here administered, so many
usuTpations of its valuable powers, SO
manv failures in its efforts to reach the no.
BE ends for which Il Is designed, that Il
will be attacked in gross as it has been
elsewhere and perhaps go down in gen.
eral aud absolute collapse. Rather let us
look the matter seasonably in the face, and
| by proper amendment and restraint pre-
serve what there is of value in this time
honored institution. Our court of chan
Gerry is too slow and, partly on account of
this, Ia too expensive. Justice to be eff
cient should be speedy and cheap. The
| history of case through the courts was
then given, rlvalling the famous Jarndyce
vs. Jarndyce. OF couse such extended lit
igation must be expensive, and we shall all
| agree that expense should be reasonable
and delay brief. The progress of case
through the courts was examined in detail,
and methods by which it might be shorten
ed suggested. Answers should be required
In twenty, thirty or forty days from SER
vice; witnesses should be examined before
the chancellor in open court, instead of
writing out testimony, thus saving much
time and giving the chancellor a better
knowledge of the case.
| The speaker concluded as follows Let
me, then, appeal to you, all of YOU,
wherever may be your home and whatever
your vocation, to give heed to any sober
discussion OF the great subject of legal
methods and legal reforms involving as they
do all the property and relations between
mankind. Our laws are not made by law
| yers. Legislatures are now largely COM
posed of other classes of our citizens. Pro-
gress must be made, if at all, by the action
OF our lawmakers, and our legislatures
act only in response to the demands of Il Q
public at large. Surely in matters so I'M
portant to the state as some of those have
touched upon, and many more which have
bad no time to develop, no one can refuse
TO think somewhat. III some echo of my
words may reach the ears of persons po-
tent IN the construction of our systems,
may be tested by investigation, NAV be
sified to the elucidaton of the truth. NAV
receive such practical emphasis and action
as their importance shall seem to require,
then our assembly to-day at the feet Of our
alma mater will prove of more value than
the pleasant passing of an hour, and true
OILY, bin 10 all our Charitable and literary
institutions, our dearest and most sacred
interests and trusts, and our most important
and intimate relations an associations, in
our. states our counties, our communities
and our homes.
The alumni dinner was given at the
Addison house, and the Parkerian prize
speaking took place at the church in the
evening, the building being crowded.
Among the contestants were three Rutland
boys, class of 80. P. A Grswold, Harry
X. Dorr, and Pet Meldon. We supposed
an honorable arrangement had been made
for copy of Prof. Towards poem, but it
having been denied US, we ore unable 10
publish it.
The graduating exercises proper take
place to-day, and the commencement oon-
cert will be given this evening, followed
by the annual hop.