Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-10-26

mlgnt OtncrWISe ne uISpoSeu vi. III u
der to partially remedy this situation 1t
has been customary to refer u number
of cases to special masters and referees.
but only Il certain class Of cases can
thus be heard. and as a natural con-
sequence the relief is only partial.
The Chittendcn County Bar associa-
ton, ms has already been announced In
our news columns, has adopted a rcsolu-
ton in accordance with which "A com
mittee presented to the State Bar as
ISOLATION at the meeting of the latter
the adoption of measures to secure a
remedy for the conditions prevailing In
our courts ut the present time. The
committee did not make any recon-
mendation in behalf of he bar OF this
county, but from the comment of mem
bcrs of the bar it Is evident that the plan
most likely to be favored is the cstab-
ishiny of a new set Of Judges so that
the members of the supreme tribunal
shall not be obliged TO preside over II
Of the county courts.
The degree to which this step will COM
mend itself will depend IN the manner
in which the proposed method OF relief
is formulated. but it is to be taken for
granted that the chief objection to be
raised will be the expense attending the
creation Of an additional judiciary. The
rlan which seems to commend itself To
tn. greater number of those who have
discussed the matter is the limitation
of the number of supreme court judges
to five and it is held that the business in
our county courts Is sufficient to keep
ID to preside over county courts busy
throughout the year. 1t has been esti-
mated that the increased expense result
ing from this departure would be from
$1,000 to 10000 per year, according to
the amount of the salaries.
This would not necessarily mean that
the taxpayers would be compelled to face
the necessity of providing the additional
amount Of morcy named each year. on
the contrary, as is proving to be the case
in connection with the creation of thu
Office of Encouragement instead of hir-
ing lawyers to assist States attorneys in
different counties in important cases, thf
result in "A large saving in certain dircc'
tons.
For example it is provided by law that
the party taking a case to the county
court shall pay Sc toward the court eX'
ponses, no matter whether the case is
heard by court or IL master or by 9
referee or tried by jury. and the state
is compelled to bear the balance of the
expenses in question. When the cast
is referred to a special master. he is al
lowed $500 a day ana expenses. or at the
rate of s., 900 a year.. and it is eviden'
that inasuuch as the great hulk of this
expense falls upon the State the aS
%grerate paid out in the different counties
in this manner must be very large.
1t is argued that il the proposed crea'
ton of an additional judiciary is carried
out, it will be possible FOR the judges
in the county courts to hear many o.
the cases which are now referred tt
referees or special masters. and that thu
sum thus saved will 20 a considerable
way toward paying the salaries Of th'
additional Judges.
AS wc said before the degree to which
the new departure is commendable vii
deperd largely upon the plan formulated
but it is evident that something ough
to he done both to tighten the burdens
resting upon the members of our judi
ciary and also to hasten the clearance o
the dockctS Of our county courts, thu
lesscning the expense to litigants. IT is Il
he hoped that the Vermont Bar associa
ton will give this matter the serious at
~tention it deserves and thus be in
position to present to the people the bes
possible remedy.