Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-09-20
No CONRT OF APPEALS.

a bill into the next Legislature rcor-
ganizing the system of courts in Yer
mont. The bill as drawn provides for
the establishment of a Court of APP
peals. or supreme court. with five
Judges and FIVE circuit judges to pre-
side ct the county or circuit courts.
The bill 1t will be seen will call for
ten Judges instead OF seven as the
state now has. It is claimed that this
sort OF reorganization Of the courts Is
necessary on account of the Increase
of business before the courts and the
desirability of having a case that goes
to the court of appeals placed before
an entirely now tribunal. 1hdor the
present system the Judge who heard
the case in county court also sits and
passes upon 1t when 1t ia appealed to
the supreme court. 1t Is argued that
so should not he allowed to,have any
thing to say on the case. when it is
appealed.
The first question that should be
considered in connection with any
proposed change in the system Of
courts is whether or not it will secure
more speedy or more sure justice.
Another vital question IS TO what ex-
tent 1t will increase the expense Of
our courts. To a layman 1t would APP
pear that an increase in tho number
of Judges would certainly increase the
costs of our courts. It is sure to be
argued that no Judge can be asked to
serve for a less salary than our seven
judges at present are serving, SO it
seen very probable that we should
have about s1O,50O more per anum to
pay the Judges. Then with a special
court OF appeals the tendency would
pealed at present and that would also
largely increase the expenses of the
department of justice to tho State. On
the question of expense then it would
hardly seem wise to advocate a
change, especially as 1t has been shown
that the greatest increase of State ex-
penses during recent years has been
in connection with our courts.
If 1t seemed probable that a litigant
was more certain of securing speedy
and exnct justice, the matter of ex-
pense should not initiate entirely
against the proposed change. To the
average citizen. however, it is not
plain that justice would be any surel
under the proposed change. 1t must
be remembered that q case in a higher
court is considered not upon it's equity
but upon it's legality, and no matter
what the equity of the case is the
or reversed according to its legal cor
rcctness. The discovery of some lega'
technicality either throws a case out
of court or back to the lower courr
for a retrial no matter how urgently
justice calls for speedy decision. A retria
greatly increases the expense and tn,
difficulty of securing justice at all
and II one of tho %litigants happens t.
a man with little oc no means thi
practically prohibits lis securing JUS,
tice at all.
1t is evident TO observers that M
small part of the Increased cost OF on,
courts has been brought about by tn
prolonged wrangling that is to a grea
extent practised by the bar over tn,
legal and technical points and the re
~sultant appeals and reversals rathc
than from an Increase IN the humble
of cases brought before the courts 70,
trial.
That the average citizen is not tn
only one who questions the wisdom
and dcsirabtlity Of having litigation
rest TOO such n large aytent on mcr
t~echnicalitics is shown by the opinion
of some men well qualified to speal
regarding the matter. John II. Wig
iHoit, u'dN ~ol Tue NoTlnWeSteTn Lay
school of Chicago and author of
Treatise on Evidence" in speaking G
the rule of the American courts that TT
} admission OF any Illegal evidence owe
objection neccssitates n reversal" an
that at may be shown by the mos
irrefragible proof that the d~efendan
is guilty OF the offence charged agains
him. but this does not Justify the VIC
> !ation of well settled rules of evidenc
to secure his conviction" says.
The results are lamentabl'
Whether in civil or criminal cases,
has done moro than any other rule c
law to increase the delay and expens
OF litigation, to encourage defiar
criminality and oppression. and t
, foster the spirit of %litigous gambling
, Added to this Is the indirect result Or,
duced upon the ever lurking animal fl
tinct of gregarious human brutality whic
takes the failures of criminal Justice f.:
Its pretext and safes Itself with cru
! lynchings. hat the law has gone Z
the extremes OF absurd and ~provokin
i technicality in applying this rule
= plain enough. even In a casual glanc
| through tho reports.