Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-05

| of adjustment are being carried along
| from term to term, thus rendering matters
more complicated and entailing large expen-
SEES to the parties.
Could such cases be referred, as this bill
provides, to three disintercsted men appointed
by the Judge, il is fair to conclude that men
of intelligence and qualified for the duty,
would be appointed, and thus a just concu-
sion would be obtained with very much less
chance for irritation, and a very small frac-
ton of the expense of jury trial. 1t has
been charged that large part of the delay in
getting cases to trial in our courts, is caused
by the adroitness of the cousel who have the
case in charge, in getting them put over from
time to time, under the plea of inability to OBJ
tain witnesses or any technically which will
serve theirpurposes in allowing tlcm room and
opportunity to extend their bill for services
Whether this charge is well founded or not,
1t is not my purpose at this time to affirm but
that such accusations are frequently and I'M
hesitatngly made cannot be denied, so | say
in the interest of morality as well as that of
justice and equity, let this bill become a law
of our State Now as to the propriety of
charging the expense of reference to the
county. The court expense is a county
charge, and 1t is generally conceded that
the expenses of our courts are from SO to
500 per day. A full day, and often several
days, are consumed in the trial of simple
case, which, if referred to three judicious
business men might have been much more
satisfactorily and just as conclusivcly adjusted
in one half day andpt one tenth of the cx-
pense, thus shortening the term of court and
making large savingof expense to the county.
The jury trial is legitimately county charge.
The reference is to be substituted for the
jury trial and to do its work at a very large
saving in time and money Now please tell
me why it should not be paid by the county?
Mr.. PATTEN of Penobscot, followed with
remarks favoring the bill. and, as in previo
debates upon the matter. he urged that ii was
a measure which would be less expensive to
the county, and more Just to all who are
obliged to resort to the courts.
Mr.. VINToN of Cumberland. differed, as on
former occasions, with those who maintained
that the expenses of the counties would be
lessened under such law. He defended the
lawyers from the reflections which were made
upon them. He said that the lawyers in any
Legislature are as fair minded and as practical
as any other members of the body. They al
ways consider the merits of question thor
oughy. and are as little given TO sclfshness
as any portion of the body.
Mr.. WAIT of Oxford, favored the bill. as
serting that the expenses would not be more
under the bill if it should become a law and
that there would not be an increase of litga-
ton. He submitted an amendment so that
the referees shoyld be such as the parties in a
suit might agree upon. The amendment wa.
afterwards Withdrawn by the mover of it.
Mr.. MORRISON of franklin also spoke
briefly in defence of the lawyers Of the legis-
lature. saying that they were found arraycd
upon both sides of this question. 1t was
fortunate there were a few lawyers in the
Legislature to prevent absurd monstrositics
from appearing in the laws and statutes. He
defended the jury system from the attacks
made upon it. In England before the Gus
tom of trial by jury was in vogue, it was
fou.id that there was n great amount of fraud
and corruption in the courts. Evil men were
| able to become judges, and no poor man
could have fair trial if arrayed against the
rich man. The people asked what the rene
| dy could be? and the result was that after a
| great struggle the ri ght of trial by jury was
established. You might as we'll attempt to
take the national flag from the English rs the
custom of trial by jury The people of
Maine would not consent that this long tried
and long established custom should be super
seeded by an irresponsible court.
The bill fixes no fees and the referees could
charge what they cared to. The jury are re-
! Quired to be men of certain moral and in
tellectual standard, and are bound by oath in
| the discharge of their duty. They are under
! the eye of the court so that they cannot be
reached by bribery. But the referees can try
their case anywhere, accessible to all parties
they have no judge to give the law except the
| different attorneys. In 10 out of 30 cases
referees split the difference. being afraid to
give an honest verdict for fear of offending.
They are under no oath and decide according
| to the circumstances. He asserted that the
bill would increase the expenses of the over
taxed people Of the State If the bill was a
reform one he hoped that God would save us.
Speaking for laboring men and for men of all
! parties in his county he entered his solemn
protest against so dangerous measure. He
moved that it be Indefinitely postponed.
| Mr.. RoGERs Of Sagadahoc was earnestly in
favor of the bill, and thought those who OPP
posed it far more frightened than hurt. There
was no danger that referees would be tamper-
ed with. He desired no amendment to the
! bill. lie cited cases of unfair judgments from
juries. If the law should work evil instead
of good it could be revoked, but he wanted it
tried.
Mr.. PRINCE of Androscoggin, briefly favor
ed the bill.
The Senate refused to indefinitely postpone
the bill.
Mr.. BARKER of Penobscot, gave as his rca-
son for voting against the bill the danger
that it would saddle his county with addition
al expense.
| Mr.. FERGUSON or Ork, Onered an amend
ment to the bill, that the fee should not
exceed S. per day and necessary travelling
| expenses.
Messrs. PATrEN and CoBB were opposed to
such an amendment, while Mr.. BRADFORD
favored it.
The question being on the engrossmcnt OF
the bill, Mr.. VINroN called for the yeas and
nays, and the result was as follows:
| YEAs-Messrs Atwell. Chase, Cobb, Coombs Ellis
Parlin, Patten, Prince, Redlon, Roberts, Rogers OF
Penobscot, Rogers of sagadahoc, Thompson, Watt
| IA
NAYS - Messrs Barker, Bradford. Ferguson,
| Harris Halves, Madigan, Mayhem, Moody, Morrison
| Smith, Thomas, Vinton.-l2.
SO the bill passed to be engrossed.
| Mr.. REDLoS of Oxford, from the Committee
on Legal Affairs. to which was referred the
| petition of Charles Hoxie and others. praying
| that the town of Ornevile have relief from its
pauper debt, reported that it be referred to
the Committee on Financial Affairs.
Mr.. HARRIS of Washington, from the Com
mittee on Interior Waters, on petition. re-
ported bill an act authorizing c. II. Don
| worth to extend his wharf into the waters OF