The Portland daily press., 1878-12-23

Reorganization of the Superior Court.

Saturday afternoon at o'clock large nun
Der OF ths members of the Cumberland Bal
assembled in the Supreme Court room to dis
cuss the amendments reported by the commit
tee at the meeting on Monday, Dec. 10th, and
reported iu the PRESS exclusively at the time
Vice President s G. Strout presided.
On motion of G. f. LIBBY Mr.. j. A. Locke
was appointed committee to wait upon Judges
symouds and Bouney and invite stbem to bt
present at the meeting. The Judges sootfap
peared.
Gen. G. 2. Mattocks, from the original com
mittee, reported that he was out of town when
the COMMITTEES reported aud did not know they
Intended reporting on Monday. He offered 3
minority report opposing any changes in the
statutes referring to further legislation in re.
gard to the Superior Court. 1t was then voted
to lay both the majority aud minority reports
on the table. Mr.. II. B Cleaves then moved
both reports be taken from the table and the
minority substituted for the majority. The
motion was divided, the reports being taken
from the table and discussed before final &C.
ton.
Gen, Mattocks said he thought there would
ba bid by both parties in the Legislature to-
wards the curtailment OF county expenses, but
he thought the Bar should think twice before
making any change in the power of this court.
Its jurisdiction was determined at the request
OF the Supreme Bench. 1t was not an inter-
mediate court, for cases go directly from it to
the Suprerle Bench. 1t is the only properly
organized court where cases tried before one
Judge can be taken to an entirely new set of
judges to revise errors of the presiding Judge.
Ii was no doubt an annoyance to the older at
torneys who do not like to be called into court
30 frequently. The question of costs is a ser
GUS evil, but in the present state of politics it
was unwise to attampt to make changes.
Judge Symonds said he had no views to urge
on the Bar, but he had opinions which he
would state at the Bars request. The judges
OF both courts are opposed to no changes which
will benefit the Bar or the public. He had
heard it stated it was not proper for capital
cases to bs tried in an inferior court. When
the bill granting the Superior Court was pre-
sented it had the sanction of some of the Su-
preme Court judges, including the Chief Jas
tice. 1t not intended an inferior court,
but rather section of the Supreme. Before it
was established the Supreme Court had to do
its work in the other counties the Suprsme
Court bad to perform its duties now, at nisi
prilts. If the court was abolished the Supreme
Court must take up its work. Neither was it
ever intended that the Superior should retain
the lower duties and the Supreme the higher
duties of the court. The power of the Superior,
within its limits. were intended to be as high as
was not mDroDer for the Superior Court to
have jurisdiction of capital cases; whether be-
fore more than Que judge is another question
and does not apply here.
1t is said the Superior Court is expensive If
there are unnecessary expenses all would favor
cutting them OFF, but one hardly perceives that
more terms make much more expense. Bv a
radical change expenses are saved. n thu Su.
perior Court, but you cannot diminish litiga-
ton, because over that no one has any control.
The cases would simply be transferred to the
Supreme Court. When these courts are so FREE
see how deputy clerk can be dispensed With.
The clerk alone would be unequal to the la
Dor, and If a deputy clerk is required then the
expense of additional terms of court is triflng.
The Judge thought monthly terms of court an
advantage to the public and an avoidance of
delay. When there are long vacations betwesn
terms of court it is difficult to get case tried
The taxable cost IS within the control of the
of the Bar Cases can be tried the
second term after entry and. if delayed, it must
be by consent of counsel or by order of court,
and the court can order that there shall be no
taxable cases during such delay. The Judge
believed the court was simply carrying out the
idea on which it was foupded-to relieve the
Supreme Court-snd the late Judge Shepley
remarked at the time he thought it should re-
lieve the Supreme Court of the bulk of pisi
oriats work, which it bad as the court did not
jndges' 10 conclusion be thought no advantage
would be gained bv compelling lawyers to carry
cases into the Suprame Court even if large
case; that DO change 10 the court was required
that the public was served at as slight expense
as possible, and that the docket was not uu-
wieldy. and that with the full equity power
now conferred on the Supreme Court he hoped
counsel wonld take large cases there
Judge Bonney said that since the report of
the committee was made to the bar on Monday,
be had made critical examination of the con-
1ition of the docket, and th at while the docket
was somewhat large in numbers, the substance
requiring future action by the court was not SO
extensive as the number of cases would seem to
indicate.
He said that the whole number of cases un-
% the continued docket was 737, of which 141
had been defaulted aud were continued for
Judgment; that b .nkruptcy of defendants had
been suggested in S5 cases; that 81 cases were
marked law; that 10 % cases the death of
plaintiff or defendant had been suggested; that
IL cases had already been disposed of during
the term, and that he expected to dispose of IS
% ore Cases before the term closed, making
total of 456 cases which would require no fur
sher action on the part of the court. This
would leave 26l cases UPON the continued
locket at the end of the present term which
would require future judicial action.
He said that pleas had been filed in 50 cases
On the docket of new entries, watch added to
;he 26l cases above mentioned, would make
,nly 3l4 cases concerning which the court in
be future would be called upou to act Aud
De submitted the question to the bar whether
his was an extravagant or excessive number in
tered annually
He did not think any grievance existed b.
,ause parties could not obtain trial when de-
sired on account of the crowded condition of
The docket. On Tuesday the 10Th inst he
caused notice to be inserted in the newspa.
"a hn 0kt &c 49,
nat on the next day court cases would be as
signed. Yet not twenty cases were assigned at
'he request of counsel who were present And
he thought he could assure members of the
BAR that during the coming year cases could be
'rled the next term after entry when the par.
les i'll interest desired a trial
He said that personal considerations should
always yield to public Interests, and at this
,ime be would not have obtruded upon the bar
mis- personal wishes in the matter, had be not
Daen formally requested so to do But bis
opinion having been desired, he would simply
'ay that it was his wish, for one wear at least,
% preside over the same court to which he had
been appointed.
Mr.. Bion Bradbury, from the committee on
he majority report had word to say. A pa
per signed by the prominent legal firms in this
,ity was placed in his hands, referring to re-
posed this paper meant something He there
ore called a meeting aud Mr.. j. H. Drum
nond moved the appointment of q com mittee
or that purpose. They were appointed A
meeting was arranged at which Gen. Mattocks,
me of the members, could not be present: the
,ther two, Messrs Bradbury aud Rand, went
lhead We thought we should do something.
It was the feeling that the duties of the ST.
,reme Court should be increased and the Sn-
,erior diminished Il was never suggested or
Intended to attack this court We came to the
conclusion that if cases over $500 were given to
he Supreme Court, then the Superior Court
would retain seven-eighths of the whole We
iecided not to touch the criminal business.
We heard that there was great deal of dissat-
ST action throughout the county at the frequent
erms and taxable costs. have acted in the
'ase at the request of the bar, and if Gen.
Mattocks thinks it best to leave the matter
'lone, all right, bnt think the people will
rave word to say about it.
Mr.. w. HI. Vinton went over the same
.r0und ss before, as reported in tha PRESS at
he time, giving statistics of the expense of
he court He spoke of the costs in suit at
aw, at the present time, often exceeding the
um involved in the case itself, and which
anne out of the direct taxpayers aud not out of
'ieDts. Now he thouoht the people would
lot stand this thing. Not till the present term
# court had there been a chance of speedy
ustice; a case entered 10 September had to
vait till December before trial was obtain.
d..
Judge Goddard then took the the floor. He
vas member Of the committee who drafted
he original bill establishing the Superior
Court, and it was not intended for an inferior
II La f.