The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-01-07
HONOR TO THE COURTS.

A recent article in New York
paper brings to the front condition
Of things about the courts Of that State
not altogether pleasing. The writer
commented on certain very caustic
criticisms made by Surrogate Church
concerning an opinion filed by the
Appellate Division in case appealed
from him and by Justice Gaynor on an
opinion by the Court of Appeals. The
writer condemns the spirit which
prompted the criticism and which gives
it its bitterness and closed with these
words: Infallibility doesn't belong
to the Appellate Division, or to the
Court Of Appeals, but their ex-cathe-
dra findings are good until reversed.
Courtesy is always to be commended,
even among plain. ordinary lawyers.
and sheer, though it may be clever,
is never an argument worth serious
consideration.
There is sound sense in the idea the
writer put forward. The courts are
the instruments of justice. Without
! them society would be anarchy or q
despotism ruled by force. In the
hands Of the courts are held the inter-
ests Of every man. woman and child
in this great country and the history
Of the United States shows that the
courts have nobly fulfilled their
trusts. But the influence of the
courts, and the good they can do in
the punishment of crime, in lettering
men from crime, and in the promo
tion of honesty and fair dealing in
business must depend to a considerable
degree upon the weight which the
general public gives to the decisions of
the courts. The belief that strict and
impartial justice will be melted out to
all is great aid to the work OF the
courts.
Now, to bring the subject home.
Vermont courts are few in number
and the number of decisions they rem.
der is small as compared with those
of most of the other States. but from
their honesty, their clear and well
considered opinions, their freedom
from red tape. and the ability of theil
members, they have achieved q ranl
of Importance in the legal world mucl
beyond their natural position. Yer
mont judges are not perfect but the
court records show few if any in
stances of anything worse than {
reasonable mistake and creditably
small number of those. Vermont law.
yers have profound respect for the
courts OF the State and they ought t.
know as much about them as anyone
1t is very seldom that lawyer say
anything in the way of harsh criti.
cism of the Vermont courts, though,
as is inevitable, differences OF opinion
arise.
There is story we'll known to tn,
bar concerning former judge who
while presiding in this county, hearC
arguments in a certain case. Poin
after point was made by one lawye
only to be rejected in turn by til,
judge. Finally, at loss as to hi
course, the lawyer appealed to TIT
Judge: Your Honor, what can 1 d.
in this case ?" His Honor though
minute and then replied, We'll,
don't know, unless you go outside ant
damn the court" There is very It'll
'damning of the court done by tn
lawyers and other people would d.
we'll to follow suit. The judges nov
on the bench are capable and homes
and can be trusted to do the best the
can for the common veal in the case
that come before them. according t.
the law. They are very likely t
have better informant in those case
than are the people who get their in
formation from few brief sentence
in the newspapers or from current re
port. A reasonable man, IL he stoI
to consider these things, will be dis
POSED to accept tho judgments Of tn
I courts as worthy OF respect, and eve
{ though they seem to him strange, h
will be careful in his language l
making criticisms. Much of the la
I the courts administer has bee
| changed or was created by legislativ