The Portland daily press., 1893-01-04

The following is the full text of the
report of the Law Reform committee
presented at the recent meeting of the
State Bar Association. The important
nature of the changes proposed makes it
desirable that they should be set forth in
detail.
To the Maine State Bar Association:
The undersigned, Committee appoint
ed at the last meeting of this Association
to consider and report what changes are
expedient in the judicial system and pro-
cedure of this State, beg leave to report
that they have carefully considered the
matters committed to them, and, as the
outcome of their deliberations, report
the three following bills, marked respec-
lively ga, "B." and SCI
A few words Of explanation may aid in
the understanding of the scope and pur-
pose of these bills. The Com ittee have
had three meetings for the consideration
of these matters, and at the first meeting
it was deemed wise to obtain, as far as
possible. the views of members of our
Supreme Court, as to the lines along
which changes might be safely attempted,
and, for that purpose, the chairman was
authorized to lay the matter before them
either personally or by written commune
cation. The Committee have had the
benefit of written expressions of opinion
from majority of the Court. and many
of their views are embodied in the ac-
companying bills, although this is not
to be understood to apply to some of the
changes recommended by the Commit
tee.
At the second meeting of the Com
mittee, the duty of afting the bills
covering the different subjects was as
signed to special committees, who
reported the result of their work
to the general committee, at a
meeting held at Portland on the
9Th inst, where the bills were con-
sidered in detail, and finally adopted in
the form now presented. The fact was
recognized that there was danger in at
tempting too much rather than too little,
in a field which opens SO large door for
innovation as the judicial system and
procedure of QUE State, and the Com
mittee have sought to take into account
the conservative tendencies of the pro-
fession, and to make no change which
did not seem to be justified by the ex-
perience of other States.
LII utdIllS WlUu Ull0 SuUJoCU clAOEdCtu
in the bill. marked IA" the Committee
have felt that it was desirable, while
diminishing the number of law Judges,
not to divorce them entirely from ,aiSi
prius work. and to make the change in
the court in such way as t interrupt,
as little as possible, the existing order of
things. The proposal for the abolition
of the Superior Courts it was deemed on
the whole would be agreeable to the Bar
of the several counties in which they are
established; and the appointment of
Circuit Judges to perform nisi prius
work of the Supreme Judicial Court
would maintain the number of judges
now upon the Bench, and, at the same
time, furnish an opportunity to judge of
their fitness for promotion las Law Judg-
es when vacancies might occur The
prohibition against any judge sitting on
review of his own rulings, is believed to
be in harmony with the general feeling
prevailing in the Bar throughout the
State. The arrangement of the law
terms is intended to facilitate the dispo-
sition and hearing of law cases, by Civ
ing an intermediate term available to all
parties throughout the State.
Bill marked 3d. is in substance the
act now in force in one of the New Eng
land States, with some changes which
appear to the Committee to be WISE
The substance of this bill has received
the approval of all the members OF the
Supreme Court who have given the Com
mittee the benefit of their Judgment, and
it is believed will present no special
difficulties in practice.
Bill &C." so far as it relates to the set
Ting of exceptions, is almost verbatim
the Massachusetts statute relating to
this matter, 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 intended to secure to the
Bar a full report of all matters which
may properly be the subject of exception
and to cover the expense of lying and
travel of official stenographers when away
from home.
All of which is respectfully submitted.
CHARLES F. LIBBY, Chairman.
December II, 1892,