Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1896-03-20
essss County 1srala.
Island Pond. Vt, March 30.
State Expenses Again

D
ton Free Press says that our article was
a reproduction OF some Of the special
pleadings by which the passage of the
reference laws was secured. II this is so,
in being thus carried away we are fol-
lowing very distinguished sentiments, for
the state and itslegislature in 1854 we're
convinced OF the wisdom OF those laws
and have remained so ever since; and SO
long as it seems to be the sense OF the
people that it is better to have the rights
ofits citizens carefully, d.sphssionately
and accurately stated and determined,
instead of Aeing made the sport OF jury
tits and tournaments we shall content
ourselves in entertaining those senti-
ments rather than Join in any impeaeh-
ment of the wisdom, intelligence or 1T
tegrity of the people or its legislatures.
The people at least in following these
lines have no purposes except the public
good. This assures us of the integrity OF
these tendencies, and a candid observa-
ton shows us that they have brought
about a more correct and satisfactory
settlement of legal disputes.
But it is said we measure condi-
tions ny Essex County which is not a
correct standard because the business
here is small. Let us sec. There is moth
ing in the conditions in the county differ
ing from those in others except i'll degree
or quantity, and yet with constantly in
crcdsing occasions for litigation the num-
b.r of cases on our docket has SO decreased
that instead OF having busy three weeks
term as formerly the session amounts to
little more than a bar reunion. Besides,
as far as we can see into surround
ing counties the number of cases have
decreased and we have yet to learn that
such is not the condition throughout the
state.
But it is said the auditor sreport shows
that since the payment of these referees
fees by the state instead OF by the parties,
the court expenses have increased. This
is asserted as though the relief OF the
party from the payment of something in
duces litigation. Now there are three
absolute answers to this. First, the
party pays just exactly as much when
his case is tried by a referee as he does
when it is tried by jury. In either case
he pays $500 for his trial. Second, the
increase i'll the whole state expenses is as
compared with the actual court expenses
whatever increase there has been in
"court expense" the auditor himself says
sis quite largely found traceable to a
much larger number Of prosecutions ur-
der the liquor law, many of them result
ing in commitments to the house of cor
rection, thereby showing no commensur-
ate returns in the shape of fines and costs
paid in" and this is how "the HERALD
accounts for the increase in the total OF
court expenses shown by the reports OF
the auditor of accounts"
Everybody not entirely indifferent to
public events and interests must be aware
that the increase in court expense re-
ferred to was occasioned by the enor'
nous leak which the auditor has thus re-
terred to and to remedy which specia
committees were appointed by the last
legislature. Now instead of this furnish
ing an excuse for the increase of the pub
lie expenses it gives the enquirer an op
portunity to ask why with such re
markable drain on this department has
its expenses not increased in proportion
to others? Another question quickly
follows also, namely: If the cause of the
increase in this department can be ST
easily stated why cannot the cause of thu
increase in other respects or department:
be as easily explained?
But our esteemed contemporary make:
the broad assertion that the substitu
ton of referee for jury trial does moi
necessarily mean that the expenses are
reduced; and refers to some case in which
the referees fees were $500. Well, take
that very case. Here we have one hun
dred days for The referee, Probably thu
case could not well have been tried by
jury; but concede that it could. TheI
you would have the attendance of abou
thirty jurymen to try it (say twenty
four for a hundred days which woult
cost $4,000, besides the other expenses @
running the court, thus saving in til
very case cited $4,000, in addition to tn
other court expenses, But suppose Their
were three referees in this case then tn
time occupied to consume the $500 woul
be 331s days. The expense of the singl
item of jury attendance during that tim
would be $1,000, thus saving in the sir
gle item $500, putting the case in til
most favorable conditions for our cor
temporary.
There is no occasion for our being lie
into deep philosophy concerning the les
ening Of the use of an article by cheaper
ing it while jury trial costs the lit
giant just as much as a trial by refere
and trial by referee just as much as or
by jury and no more. Spacious phi
asopy cannot rise above facts. And 6
as we have already said the people wi
not be satisfied with their enquire
answered only by an attack on an inn
cent cause, nor is there so much prelude
in the public mind against any class {
system in our midst that it may unjust
he N n de resnnnSihle for any evil in rnhl