The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-06-28
The Rutland 9aily Globs
THURSDAY, JUNE %, 1877.
THE cHANcERY COURT OF VERMONT.

I
We are told that the address Of Colonel
Aldace F. Walker of Rutland, on "the
"Chancpry court" delivered before the
alumni OF Middlebury college, Tuesday,
was, in the unanimous opinion Of all,
lone Of the most useful and interesting
"orations that has ever been delivered
''upon such an OCCASION" We doubt not
that it was interesting, for Colonel Walker
is always interesting when he desires to be;
but as TO its usefulness, the time and the
occasion considered, we must be permitted
TO doubt.
he advocated what he was pleased to
call a 'radical modification" of the court
of chancery-in substance and in brief, that
the time for filling answers in %chancery
should be reduced to from twenty to forty
days from the service of process; that
~pleadings should be made in from two to
three, instead of in six or twelve months;
and that testimony should be taken orally
before the chancellor-and his excuse for
discussing the question at that time and
place was that ''our laws are net made by
''lawyers. Legislatures are more largely
''composed of other classes Of our citizens"
and that "progress must be made if at all By
the action of the law makers, and our
legislature acts only in response to the
d, mapds of the public at large"
With due Difference to Colonel Walker
and the ''unanimous opinion of all" his
hearers, We must be permitted to say that
except in proposing that an answer be filed
within twenty or forty days after sercics Of
process, he suggests no reform at all over
which the legislature has control. And in
this matter, under our present law, courts
of ~chancery and courts of law stand pre-
cisely or the same footing, 1t is popular
Uncertain quarters, to decry the court of
chancery, but it is difficult to see why pro-
ceedings in this court should be hurried up
any more than in all other courts. II this
reform Is needed, q very simple act of leg
islation will meet the difficulty. Doubling
the number of terms in each county-that
Ia, having four, instead of two terms of
court each year-will, under the present
law and rules, work the reform. AS to the
other matters, the present rules of the
court and the laws of the st ate provide for
all that Is asked. Testimony can be taken
orally, and q case forced to a hearing and
final decree obtained within six or eight
months after its first appearance in court,
The delay complained of-and there otter
Is vexations and unnecessary delay-is the
fault of the lawyers, not of the law, ant
would continue however much the Law
might be reformed.
1t 10 not, however, our purpose, thi
morning, to further consider these ques
tions. Colonel Walker may be correct
and we incorrect in this respect, but on,
who assumes the role of u reformer shout,
be historically accurate In his statements
He says that the first constitution of Ver
mont provided that a future legislator
might erect a court of chancery, provide
and here he interjects the remark Gan
here we see the prudence of our ance'
"~tors"-they did not constitute themselve
the judges of the court but that, undo
this constitution, no court Of chancery qot
erected until 1897.
The first constitution of Vernon
adopted in 1777, provided as follows; eth
supreme court, and the several courts
common pleas of the state shall, bssid,
the powers usually exercised by sic
courts, have the powers of a court
chaneery, 30 far as relates to perpetl
ating testimony, obtaining evidence fro
"places not within this state, and the ca
Z" Of persons and estates Of those who al
non compotes mentis, and such 9th,
powers as may be found necessary by f
ture general assemblies not inconsiste
with this constitution" Another clau
of the constitution provided that courts
Justice should be constituted In eve
county in the state and, hereunder,
February, 1910, the general assemb
passed an act constituting one superi
court for the state, which seems to ha'
answered to both our present supreme al
county ceurts.
In October of the same year-1779-t
general assembly passed san act constt
''in9 The superior court a court Of equiIS
the following being the preamble and fl
section; "Whereas, from the UNIVERSAL
of the law, many cases will arise, wbeI
Sin 1t Is necessary that some further pro
sion be made for relief in equity, tn
can be obtained by the rules of comm
claw. To the intent therefore, that just
and equity may be jointly administered
be 1t enacted, etc, ''that the superior col
shall be, and 1t is hereby constituted
court of equity, and Empowered to h
and determine all cases in equity 4