Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-12-22
AUGUSTA LOCALS.
aw aeroRn.


mittec reported ste changes they deemed
I extesiien. in de ji.slieiai ssstsHa and pro
/ cedure Of this State in three bias HarSesf'
respectively, r..Br &C.
Amazing the members of the association
presen, were Hon. j. W. Braiaars'
uon. j. II. Crosby of Dexter
/ Hon. Chas. +. Libby of Portland, Judge
savage of Auburn, Hos. S. s. Brown OF
" aserxille. w. G. Phiibrook, Esq. OF
| " ateryilie. Hon. w. T. Hsines of Water
/ vile, Chas f. johnson, Esd of Water'iiie'
IF. z. TinberIake Of Phillips, W. 5,
Knowlton Esq. of Portland, +. w. Brown
of Belfast. Lawyers Thompson, Clair,
| Abel Davis and from kennebee county ani
vicinity, $. T. Carleton, l.. c. Cornish, W.
$. Choate, o. B. Clason, 4. c. Stiiphen,
L. ID. Carver, F. T.. Southland. III. ;. Hoi-
way G.. l.. Tanner and others.
The committee pfefaeed their report with
some explanatory remarks included in
which they say ..the fact was recognized
that there was danger in attempting too
much rather than too little, in field which
opens so large door for innovation as the
/ inlicial system and procedure OF our
| State and the committee has sought to take
] into account the conservative tendencies OF
I the profession, AMI 10 make no change
which ,Iid not seen, to BE- Justified by the
experience of other states.
! I'm dealing with the subject embraced in
| ths. bill marked "a" the committee have
1 felt tina, it was desirable, while diminishing
/ the number of law judges, not 10 divorce
them entirely from nisj I,fias work, aud 10
make the change N the court in such way
/ as to interrupt, - little "a possible. the ex-
listing orler Of tLings. The prnposll for
the abolition Of the superior courts 1t was
deemed on the whole would bc agreeable 10
the bar of the several counties in which
they are established; and the appointment
of circuit judges to perform a{si PF7aS
work of The supreme Judicial court
would maintain the number of judges row
upon the bench, and at the SAME time, furn-
ish an opportunity to judge of their fitness
for promotion is la~ judges when vacancies
might occur. The prohibition against any
I Judge sitting on review of his own rulings,
is believed To he i'll harmony with the
general feeling prevailing in the bar
throughout tli,. State. The Encouragement
of the law terms is intended to facilitate
the disposition and hearing OF law cases, by
irving an intermediate term available
to all parties throughout the State"
Referring to the bill marked B" the
committee says that this bill is in substance
the act now in force in one of the New
England states, with some changes which
the committee deemed wise. The sub
stance of this bill has received the approval
of all the members of the supreme court.
This bill is to facilitate procedure in law
and equity and provide such changes IN
pleadings as will better determine the rights
of The parties.
Bill &C. so far as it relates to the set
Ting of exceptions, is almost verbatim the
Massachusetts statute relating to this mat
ter. which has been in force in that state
for many years. As regards the provisions
relating to stenographers and the report of
proceedings in court, the changes are in
tended to secure the bar a full report of all
matters which may properly be the subject
of exception. and to cover the expense of
living and travel of official stcnographers
when away from home.
President Libby spoke at some length on
the proposed changes and was asked sever
al questions by the members present. When
asked if he thought the bills were in ac-
cordance with the constitution, he said it
was the opinion of the committee that they
didn't conflict with the constitution. Mr..
Crosby was in favor of something more rad
zeal than bill "A" He didn't believe that
the objection to law court was good
one. He used to think it was better to have
the Judges do some nisi prjas work but he
thought that judges who had
long experience with practice were
fitted to sit as IA law court.
He thought that if we were to have court
of errors composed of men thoroughly ac-
quanted with practice it would be no dis
advantage to divorce them from Hisi
pfius work Mr. Davis would have more
sweeping reforms than were included in bill
a." Bills "B" and &C" were adopted,
Then Mr.. Haines moved that sec. } of bill
"A" be added to bill B. This section
reads as follows. mo justice Of the SUI
preme court sh,ll sit in the law court upon
the hearings of any cause tried before him.
or in which any of his rulings are the sub
jeet of revicw, nor take any part in the de
cision thereof.
This motion of Mr.. ilai0cs was discussed
at some length and several amendments
were offered but finally the motion pre-
vailed.
President Libby and Secretary Cornish
were instructed to present these bills with
the added section to the next Legislature.
Secretary Cornish, vino was one OF the
committee to draft the bills, thought that as
bill "A" was quite radical, that it better be
laid over for the consideration of the meet
inc of the ASSOCIATION which would be held
at the State House, February Sth, AS that
meeting would be larger and better repre-
sent the association. II was also proposed
that those who wished to make amendments
to the bill pot their amendments in writing
and have them printed together With the
bill, aud copies be sent to all the members
of the association, and this motion finally
prevailed. Among the amendments was
one from Mr. Carleton to the effect that in
stead Of ctrcui; judges all he made supreme
Judges, aDi that arrangement of assign
nienis be made with a view to avoid having
any Judge sit On his own rulings.
e Pam EAfs