Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
patIu Kfmnrbrr Journal.
Remarks OF Hon. James Morrison, Jr.

REMARKS OF HON. daHitS MVFFisOhs sf'
In the Senate, Feb. 4, in opposition to the bill
to make counties pay the fees and expenses
of referees in the trial of civil eases.
Mr.. MoRRIsox said:
Mr.. President I expressed my views
pretty freely upon this subject when under
discussion the other day, will only briefly
reply 10 some points made by the friends of
the bill since. Indeed, | would not rise at all
but for the fact that direct attack has been
made upon the legal profession. and also up
on our Old long tried, long established sys-
TEN of trial by jury.
One argument advanced in favor of this
bill is that the lawyers oppose it, therefore
the bill is right. Now what are the facts!
How do the lawyers stand upon this measure?
Who is for and how many are against the bill Z
Why, the very bill itself was framed and pre-
sented in the other branch by one of the dis
tnguished LAWYERS of the State. Ii was adj
vocated there by two or three of the legal pro-
fession, and now comes here and is earnestly
supported by man of the law, the Hon Sen
ator from Oxford. Now by what authority
and by what right do Senators insinuate that
lawyers have combined to defeat this bill!
How can you say it when II is patent to every
one is this capitol that we are about equally
divided? So much has been said here and
bers, who are unfortunate enough to be law
yers, working together to save their bread and
butter, that cannot refrain from declaring to
this Senate that it is fortunate for the people
of this State that they do send few lawyers
to check improper legislation, and sift out the
clean from the unclean. Were il not for the
fact that every year small number of the
profession is sent here, your revised statutes
would be a monstrosity, and your laws
would be a conglomeration of blunders. But
i come now to the main question, and as SEN
ators have been comparing this proposed
referee system and our system of trial by jul
nv, with arguments in favor of the former, !
may be pardoned perhaps if briefly consider
the two systems, and speak not by comparison
but rather note the contrast The Honorable
Senator from Cumberland, told us the other
day that the establishment of the jury system
was the first victory of the common people
over the crown, and so it was. Every word
uttered that day in defence of the jury system
was in accordance with facts written out upon
the pages of history.
| will not repeat what has already been
spoken, but / wish to call the attention of
Senators to the reason why the common peo-
pie in the olden time desired change in their
tribunals. 1t was found that with one judge
as tribunal, all sorts of fraud, bribery and
corruption would unavoidably creep into
many courts. Dishonest men through the in
fuence of knayish friends would obtain the
Judicial ermine and the party with money
enough to bride the judge, would always win.
The common people could seldom obtain JUS
tice, for the wealthy party would either bride
or threaten the court into ayerdict in his favor
This was the condition of things before the
jury system was inaugurated, and if this bill
under consideration is blow at that sy, TEN,
then say it is the first step backward toward
the dark scenes of the past. 1t was thought.
and rightly, believe, that it would be more
difficult 10 bride a jury of twelve men than IA
court consisting of one man, and that man a
knave consequently the heroic men of the
Olden times, in the face of difficulties almost
insurmountable, in the teeth of strong oppo-
sition, after long series of years, firmly
tablished this, the poor well as the rich
mans tribunal. 1t has been said that if all
the efforts, the trials, the conflicts, the en-
deavors to establish the jury system, could be
written out, the history of England would be
nearly complete, and you might as well at
tempt to tear from an Englishman the flag of
his country, as to take from him his constitu-
tional right to trial Of jury. From across
the water the jury system has come to us. 1t
is the tribunal where the poor man can meet
the rich man nearer upon level than in any
other court. He can here have his cause tried
by jury of his peers. If we abandon this
system and institute an unlimited number of
inferior and irresponsible courts paid out of
the county treasures, we shall begin a move
ment that will end in the fraud and corrup-
ton of the dark ages, and hope the faces of
the American people, particularly those in
the sunrise State, are not set that way.
Now what are you going to get under this
bill? The revised statutes and rules of court
grant you all the facilities that you are ask
ing here, only now the parties TO reference
must pay. the fees and expenses
of the referees. In this latter day
court which YOU would establish YOU
propose to saddle this burden upon the tax
payers. There is another objection, you
make no provisions for fixing the fees and
expenses of referees and knowing that the
county is 10 foot the bills referees will not be
likely TO be very modest in their charges
You say the judge will allow, or cut down
their fees, but who ever knew Judge to scale
down the charges of referees? Whether the
fees be more or less they will be allowed and
the county must stand it, and the large num-
Der of cases which will go to referees under
this bill, instead of being disposed of the
first day of the term, will make the expense
to counties simply enormous.
A man with poor case who would not
"
now want 10 refer, because by some chicanery
practiced on the referees he may win and i'll
he loses, why the county pays for the refer
ence. M N1
Unlike the referees the fees of iurymen
are fixed by statute and they can charge no
more. Unlike the provisions of this bill
there is something definite as regards the pay
Then again you make no provision that your
referees shall be sworn. Before iuryman
can sit upon a case he must hold up his hand
before his Maker and solemnly swear that
SIN all causes betwixt party and party he will
render a true verdict therein according to the
law and the evidence But your referees
are not sworn, and in nine cases out of ten
they will not try the case according to the
law and evidence, but according to circum-
stances. \ jury is protected from bribery
and your referees are not If man approach
es juryman with purpose to bride or infiu-
ence, that man is liable to u prosecution un-
der the criminal laws of this State. and the
penalty for the offense is severe. A iury
hears case under the eye of the court. AT
the close they are conducted to their room by
an officer VI the court, are locked in and re-
main under the control of that officer until
they return theiryerdict. A referee court NAV
a L.. III IL.