Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-02-01
COURT REORGANIZATION.

| Invited before the cTnOnt Daf as
ISOLATION last week to give his idea.
concerning a reorganization OF n,
Vermont courts, Chief Judge John W
Rowen spoke clearly and without hes
/ itation. He emphasized the absolut,
need Of some change in the court or
ganizltion, 10 The end, first. that liti
CATION might proceed without undue
delay, and, second, that the Judge.
might be relieved from a part Of tbs
duties that are proving more weighty
than they can adequately dischargg
without serious impairment OF theil
health.
Judge Rowell explained briefly how
the court work has grown from year
10 year especially in some OF The
counties, until, in spite Of long terms,
which frequently have to be inter
ruptei IN order that the Judges may
attend supreme court, the dockcts
have become badly congested. and the
volume Of litigation, instead Of lesson
ing, constantly growing. This CON
.dnion has the effect also. of shorten
Ing Tie time that the Judges have for
their supreme court duties, and even
there il is IA arrears. Formerly a
part Of tie judges could sit in supreme
court session. when The court was
held in the several counties, and the
remainder could continue trial bust
ness, but now, under the general term
method, this cannot be done. AN
seven OF The Judges must sit in supreme
court at Montpelier for three terms in
the year, and between-dmes these
seven Judges, separately, must preside
over twenty-eight terms Of court held
in the fourteen counties.
The simple fact is that the iadae,
however faithful and industrious, can
not keep up with the work assigned
him, and DO It creditably, even though
he breaks down physically in trying,
as several Of our judges have done
and are DONG.
The remedy suggested by Chief
Judge Rowell is the formation of two
courts, instead of one. and division
Of the work between them one court
should be a trial, or county court, and
Judge Rowell thinks six judges would
be sufficient to discharge its duties.
presiding at the various terms Of coun-
ty court, and holding c3u until the
business is properly disposed oil
The other court would be the supreme
court or court of appeals, and should
consist Of five members. Judge Row
ell tavors this as the ideal number.
A larger court would be unwieldy /
.our would open the possibility OF @
deadlock while three would be too
small to give due weight to It's opin-I
ons. The duties Of this court would /
De confined 10 hearing cases on appeal /
,r exceptions coming up IRON the low
II court, and to consider causes in
which the supreme court has original /
like mandamus, quo war;
anto, habeas corpus, etc. This court
hould hold more frequent sessions
md conferences, to the end that bust
.ess might keep pace with the de-
hands
Lawyers generally endorse Judge
,owelrs plan, though over details they 4.
lay differ. As 10 TIE constitution OF
be two courts, for instance, some law
ers believe that supreme bench. Sit
.ag only as such, IL the course of
.me gets out Of touch with the people.
nd that is members are better law
ers and iurists ID given occasion to
is frequently 10 trial courts This is
ne OF thc details, the determination OF
'hich need not affect the plan itself h
We now have seven judges under
be suggested method We should have
leyeu. It's not likely that the sddi- (
.onal salary expense would represent
aigo entirely for the reason thar the :
resent highpressure system means 6
taste IN many directions wherein /
lying should result However Sc nay
z its clear enough That something
lonld and must BE- done. and % few i
loasaud dollars year should not
aud inthe way 81 the performance OIL c
manifest duty
only one remedy 10 the world that will d
once stop itchiness Of the skia Err apv g
ID lsH Hsaa n