Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-08-19

nations, CITY ana municipal courts, Jus
tees OF the peace, commissioners OF jau
delivery, printing. state paupers, etc.
No ordinarily Intelligent observer OF
public affairs needs to be told that tho
public policy OF this latter.day requires
and insists upon a far greater activity
and consequently proportionately
greater expense among all these various
officials and institutions Of the admin
istration Of Justice than II did % Year,
ago. to say nothing Of the fact that
some OF these officials or institutions
were not a part Of the administration
20 years ago at all.
Court expenses have been increased,
also. by tho law fixing tho fees Of wit
nesses at 81 day instead Of 81 q day,
os formerly, because the state has to
pay all It's own witnesses to begin With,
and often has TO pay the witnesses sum-
moned for respondents TOO poor TO pay
them themselves. The law providing for
six peremptory challenges on a side in
civil cases. instead Of two. as in former
times means the additional expense OF
keeping a larger number OF Jurors IN
constant attendance upon each team OF
court. Court expenses have increased,
also, because OF Just sucn ridiculous leg
OF st. Adams and allows It's judgea q
yearly salary OF N.2t0. and then permits
Justices TO have concurrent Jurisdiction
and take their fees for trying cases that
could have been disposed OF In The city
court without additional cost.
Court expenses have increased, IN part,
for the very same reason that In this
era Of high prices the cost OF mainten-
30 oil
have been raised 10 price that gives
economists alarm in all directions.
The Messenger cites these facts to sug-
gest that the increase In the cost Of the
courts is rot the inherent fault 81 the
courts themselves and tho Judges that
preside over them. nor 10 II altogether
due 70 such changes IN the organisation
~ the courts AZ have been lately made
with one exception that now comes 70
mind. the Messenger believes the respon-
sibility for the increase Is not with the
courts but both With como Of the laws
by which the courts are regulated and
with the general conditions OF the times
that have made all costs Of living and
government higher than they ever were
before
This one exception 10 tbs bar. or.
rather. a portion OF the bar and its
practices. both incompetent and shiftless.
Any man that has been something OF
an observer Of the routine OF the couYtS
IN this State knows that a certain per-
centage OF the lawyers practicins there
in are not only below very high stand
ard OF competence but mat. despite all
the wise resolution and vigilance Of the
Judges In these later years, they still
cling to old-t!me habits Of dilatoriness
and circurlocution that delay the admin
istrat!on ~ Justice at great expense.
Without exaggeration, II may be said
that hardly seven lawyers out OF ter
know how to examine a witness. lei
alone cross-examne him. The result IL
that cases arc dragged out to q weary
and costly length frst. by the sum-
monng OF often unimportant II not pos
i,ively useless wttnesses. and. secondly
by long drawn tedious questioning and
cross questioning by lawyers that ask
wear'some length Of queries that take
time that mean money. and that throw
no additional light upon the casa,
OF course. II IL difficult for layrnan
to successfully carry through very de-
tailed criticism Of the practices NJ the
lawyers In court. Nor does the Messen'
ger mean 10 be understood as indlctins
the bar whole or any greater pa1
of H. But Il does submit IN all earn
estness and 1t Is confident that the lead-
ers Of the bar will bear ont the truth
of it's suggestion. that hours and daY
and months OF costly court procedure
would be saved 10 Vermont X moro
lawyers would ask fewer and moro In
telligent questions Of the witnesses. "
they would abandon some OF the old'
time business over-cautior. or sofne'
thing worse that numbers up case arer
case with unnecessary process OF irrele-
want OF lnconsequential testimony ana
". in some other similar ways, the DELHI
erations Of the courts co,rd, through tho
voluntary improvement OF the bar Itself.
be put more upon a modern business
basis.
When lawyers stand In court day arr
er day, week after week. term after
term. and ask questions after question
Of witnesses. not because they know
why they DO it, but because they cannot
thing OF anything else TO do ana truss
10 luck 10 stumble on TO some reveia-
ton they are not looking for.-the lay
man can we'll be justified In asking for
change In this one item Of the cause
n