Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-04

yud,cisry conmittss

Judiciary Committee
The Question Of aboIishisg the Superior
Court of Ksnnebee county sas up FOR con-
siieYsrson before the judiciary committees
Tpssday afternoon. Hon. E. F. Webb
thought there VAS no Feed Of tie coaff,
TIA. is business could be transferred with
sevaaiaSe to the Supreme Court, where
eas sdrsnfsges Of two jEries could be oo-
tainsd.
County Attorney Carleton followed in the
zane line. He believed there vas no
longer seed of il and that the proposed
change would be advantageous IN al
respects.
Mr.. L.C. Cornish presented figures to
show thas the amount Of litigation vas
falling Cd. He though. the hxyers OF tue
county would prefer to Try thar cases IN
4 the Supreme rather than il the Superior
cour:
| Nj. Frank Sou.hx:d read figures ID show
| tbs. there had been an increase IN the
| expense Of the courts Of the county. He
though. IL vas an advantage ia the practice
!! Of Law 70 try cases before the Supreme
can't for the reason ,hs, attorneys would
sc. chxnge OF judges and thus be furn-
ishei az opportunity to learn great deal
from them that would be Of assistance to
/ them in their work.
| Mr.. Beaa Of Hs.iovell said be did not
suppose that tie committee Was going 10
rerort proposition to abolish court
| .iuply e msst the needs of the attorneys
OF sry county. He WAS sgairst the essAo-
| lishnsut of the superior court at the be-
| .inniag ard be wss against /. now. He
| hsd never believed there was any necessity
| for the court and he was opposed to its con-
tinus.ce-
Mr. Hezeiton OF Gardiner said the at
torreys Of his city were opposed to the
continuance Of the court
! Mr.. Tuell Of Augusta thought there vas
need 70. the aSoii.hment Of the court. He
thought With four terms of the Supreme
/ Coait the bushes ~ the county could be
| cared for full better ard with less expense
than under the present sys'em.
| Senator Haines ssii he thought courts
were to convene in The interests Of the
| people and not the attorneys. lie said that
| be thought that before the next Legislature
met = suitable building would be pro-
videi Ia Watsryille for this
court. There i, good deal
Of litigation in this county crest many
eases are tried and under the present ar
range ment o. holding terms toe Superior
/ Court had oeen . great convenience to the
people and had saved them great deal OF
expense There was large humber OF
tow as in the county who found CONNER
cial center. He said the people of Water
vile were decidedly opposed TO the project
of wiping out this court. lie said that
there had never 10 his kno Wedge been any
dissatisfaction with the facilities provided at
| a, Wa,eryille for the court. He presented
a remoDstrance from numter of Water
vile lawyers against the Adjustment OF the
court. He d. claIed that his brother Webb
VAS the only iasyer in that city who desired
the wipilg out of the court. Everyone
kew that his business was of such char
acter that little of i. came into this court.
The fellows who did the business before
thas eaurt were satisfied with it as it was.
He believed it would be an injustice to q
larger part OF kspuebec and Somerset
counties to make the proposed change.
II ea;d ia the figures given by his brother
S0nihard, the increased prosecution of
rumssllers had been brought abau. by the
zeal OF his brother Carleton in putting doan
the liquor traffic. Those rum cases had
largely increased The expense of the coprt,
but they had Turned into the treasury a
splendid list Of fines, which hsd gone to
Eeet those expenses, so that the matter
wss eyened up. He declared that the real
expense Of the court WAS actually about
where it had always been. tz..
Mr.. W. S. Choate, clerk of courts. sail
that at the request of certain members Of
the bar he had prepared a table shosieg
the relative amount of work done in the
two courts. the Supreme AID the Superior,
and the relative cost thereof. Ia making
this comparison he took the Supreme
Court for the years IA to II inclusive
Chose being the four years just prior to
The establishment of the Superior Court
and the time hen The largest number of
entries were made and compared them
with the years 81 TO 80 inclusive, of the
Superior Court, those bei1g the
years when the ENABLES: average
off, btties had been made in that court.
This comparison showed that the amount
of actual work required Of n court does net
depend wholly upou the amount OF entries,
and that while the number Of entries in the
Supreme Court il those years largely eI-
coed The number made in the Superior
Court for the four years named, civil and
cIininsi, the number Of trials 10 the Su-
pesior Court largely exceed those in the
Supreme Court The number of civil
causes Iried 10 the Jury in the Supreme
Court during that time wss lG6, the NUM-
Der Of causes tried TO the court
II, and The number OF criminal causes
tried 10 the jury II, r total OF 2j5
In the Superior Court the number of civil
causes tried to he jury ia the four years
named was III, to The court 30, criminal
l26. total of 3lG against 2j5 in the ST.
preme Cdur:. OF the civil cases in the
Supreme Court - verdicts were above 500,
ard in the Superior Caur. 81. Tue
cost of the Supreme Court for those
fous years 70. jury, officers. reporter and
yer iries was S2S so. The cost of the
Superior Court for the same items for the
four years named Was S26 .535, or over
$1,000 less, although 81 more cases were
tried. II tits sau e ratio Of expense WAS
maintained it would cost the county more
than $50 GOO 20 do in the Supreme Court,
With its two justices, the work that has
been done in the Superior Court fcr
the last four years. II hes cos: during the
last four years a6og. 81 900 TO nun the Su.
prsme Court; Mi, ad,sd TO the S26 ,595, !
cost Of tie Superior Court, makes the
actual cost of running the tro courts for
the last four years $50 jy5. whereas IL sli
the work had been done in the Supreme
Court ard the same relative cost main I
tsited. the expense to ,hs county would I
have been, at the loves. calculation,
s34 o0o
In response to an itqury he said the av-
ersge number OF conuGuances in the SUI I
preme Court during these years were over
iG00, and eases we're seldom reached for
trial in 'e's than year and half or two
Years, While in the Superior Court the /
Idse makes up his assignments and all |
cssea are set down for t:ial at the second I
Term or the next term after tie entry.
A. NJ. Goddard said he wished as r resi- /
dent of Auzusts and member of the Ken. /
Il. bsc hsr. TO enter his proits: against the /
aooiisbme n! Of The Superior Court. He /
did not believe IL was fairly before the !
Leg Stature, OF fsifly before the committee /
snd tha. it had nc. fairly been brought be-
FORE the bar meeting. There had heeu r /
question of jurisdiction before the
court for !ouz time. 1t had gut to be sn
old story. This vas What be expected t,
be discussed. Il was sually attended
meeting He only happened to be there
himself by chance. He was amazed when
the proposition to abolish the c5uit WAS
n,