Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-15

Se~NNN
express, however, only my own per-
sonal views. 1 do not assume in the
least degree for any other member OF
the court. Il
The delays of which you complained
are lamentable. but they should not be |
attributed to any lack of industry on
the part of the justices. They are now
inevitable under the present system,
and L fear will increase rather than
deminish.
Formerly we had an intermediate
court for nisi prius and similar work,
leaving the supreme court ample time
for its law work. When these inter-
mediate courts were abolished and the
nisi prius, equity and other work were
imposed upon the supreme court JUS
tees in addition to the law work. the
new system was perhaps sufficient Tor
the then conditions. Since then, how
ever. conditions have greatly changed;
equity suits and equity chamber busl-
ness have enormously Increased. Our
CORPORATION laws inducing so many In
CORPORATIONS in this State have added
largely to the labors of the court Inc
great expansion of our Industries, the
min and paper mills, the cotton ana
wooden mills, the water companies,
street railways, electric lighting ana
power companies, impose upon the
court increased litigation most I'M
portant in kind and amount. New ana
difficult and extremely important ques-
lions are continually arising.
To delay justice is often to deny
Justice. especially to the poor. Early
&C we'll as correct decision is often OF
vital importance to public and prlvase
interests. It is lamentable true, now
ever, that many important questions
needing early solution remain undecid-
ed months and sometimes for more
than a year after argument. rms ae-
Law. however, is not owing to the IN
dolence or incapacity of the MEM
here of the law court, but is owing to
the insistence Of the bar and people
that they shall do so much nisi prlus
land eouity-work Take the late De-
cember law term for instance. 1t was
an important term. Some of the cases
involved important, new, and far
reaching questions of law requiring
much research and reflection. In sew
j eral there was need of early decisions.
Yet. instead Of being allowed to apply
themselves at once to the study of the
/ cases. the justices were obliged 70
separate to take up nisi prius and
equity work, leaving their law cases
practically unconsidered. 1t is i'm
possible to consider law cases while
holding a nisi prius term. Further
the time between terms is much taken
IN with equity and other hearings.
While the work of the law court Is
oyh a
!, that of the practicing lawyer, it is yet
work requiring close concentration and
) often protracted mental application
with consequent, brain fag, at times
when no man can work. The justices
need not only time for study, but time
for rest and recuperation.
Now I am not complaining / do not
ask for anything. 1 am only justifying
; insisting that the justices are doing
the best they can under the system
If the bar and people are satisfied WITT
: the system and its results. we vii
cheerfully acquiesce and continue te
do our best under it.
Sincerely Yours,
LUCILIUS A. EMERY.
n During the progress of the discussion
. Charles F. Libby suggested that there
ought to be superior court for the
, county that needs it and jurisdiction
fixed Tor the needs of the county. AT
. ter some further discussion the ques-
ton was tabled.
II A spirited discussion followed in re-
!, gard to action with reference to legis-
lation relating to expert testimony
which was participated in by Charles
! | n AT and
) others.
The meeting concluded with a ban
quet in the evening in the private din
ing hall of the Augusta House. The
tables were arranged in the form OF
the letter T and were decorated with
cut flowers and lighted with candel-
abra. Covers We're laid for AZ.
Seated at the tables were: Hon
Luere B. Deasy, Eden; Hon. A. F.
Pillsbury, Boston; Charles F. Libby,
i Portland; Attorney General Warren G.
i Fhilbrook, Waterville; Associate JUS
tice Leslie G.. Cornish, Augusta; Hon
Herbert NJ Heath, Augusta Job Fl.
Montgomery, Camden; Col. j. B..Peaks.
Dover; Frank l.. Dutton, Augusta;
Arthur J. Dunton, Bath; George X.
| Rassett, Augusta; John W. Manson,
IPittsfield; Frank W. Higgins, LINER;
lick; John A. Peters, Ellsworth; Luther
R. Moore, Saco; Melvin S. Holway, Au-
gusta; William H. Fisher. F. J. c. Lit
tie, c. w. Jones, Treby Johnson,
Charles l.. Andrews, Augusta; Edward
F. Merrill. Skowhegan; Thomas j.
Lynch. Augusta; George r. Gardner,
John Il. Trimble, Calais; Norman l..
Eassett. Augusta; Hon. George H. Eat
on, Calais; William M. Ingraham,
Frank D. Marshall Portland; Freder-
lex Bogue, East Machias; Seth M.
Norwood. Eastport; Willis B. Hall,
Caribou; Ira G. He:sey, Houlton;
Ralph T. Parker, Lucian w. Blanchard
Rumford Falls; +. w. Clair, Water
vile: Benedict F. Maher, Augusta;
Fred F. Lawrence. Skowhegan; A. Sim
mons, North Arson; Isaac w. Dyer,
Portland; Roland f. Clark, Houlton;
Alfred r. Peaks. Foxcroft.
President Deasy acted as toastmas-
ter and the speaking was entirely of
an informal nature. Among those who
took part in the post-prandial exercises
were Hon. A. E. Pillsbury, Attorney
I