Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1909-01-01

lfd under ffr~rot rOtfilllolr VIZ NiiN'i 2
nous uf u" uie9i.o hy which valid
u.ismeul NAV H., obtained when the
rounty CONT j. ~; ia srssi,u and the
matter IN demand exceeds 'e'S. -v-n
hough 10th parties are entirely wiling.
{ ASS often a,i-- where there i no dis
pvt. a. to the facts, bnt qusslion q;
doubtful lsw il involved. Ry the pre-
-ui system. mo such case can resch thu
Supreme Court without causing the
PARTIES sll expense in County Court
fres.
In my experience | have observed Ut
least hall dozen such cases where
there was absolutely no dispute as 70 fb'
facts. hut the decision turned upon Il
poiut Of Law; at least three OF these
cases involved law points which ha'i
never been decided by the Supreme |
Com, Of the State, so there would have |
been no more tinality to decision OF
the County Court than OF justice, and
the expense OF passing the Case through
County Cour. WAS simply luxury.
From the standpoint of economy t"
the state, il may he said that many css's
are now tried in County Court involving
small amounts which. we're the muric'-
pal court established, would he deter
mined as TO the facts in that court ana
leave nothing hut a question OF law Tor
the Supreme Court. The municipal
court could re run az al expense OF not
over s25 q day, while the Ter diem eK-
| peuse of the county court is considerably
more than sl0O. ss the salary OF assist
ant judgee, stenograrher, sher'As ard
IS Jurors must be paid daily while the
court is in session, while IN the munich
pal court only the salary of the judge,
the officer Of the court aud the jurors
actually engaged ia trial would have to
I've paid.
Many trial justices in the state aud
county have had iorg experience and
are we'll qualified for their work, hut the
custom of leaving everything to the
Jury, whether law or fact, has prevailed
so long that few, il any, justices would
have the courage to depart from it. and
the result is that whenever q jury l.
drawn the function Of the Justice is re-
duced almost to that Of person keep
} Ing order, and no matter how well The
Justice mny suow the law, he does moi
feel Inclined to depart from traditici
I and instruct the jury: hence miscar
= riages of justice sometimes result.
r A further objection to the present sys
{ tenn is that statute justices are required
. to keep record OF the proceedings he
= tore them, and to keep their book o
( record Of the proceedings before them
= and to Keep their book Of record s"hjec
TO inspection 1T all times. P, 5. 1867.
The Supreme Court has expressly d.
= cided that the minutes upon the justic
i writ are not the record hut data fror
l. which to make the record. From 81
years experience, practicing befor
probably twenty different justices, it
he opiu!cn of The writer that this statu,
is practically dead letter, and that NJ
~ one in ten Of the justices of the peae
be in this vicinity keep book OF recor'
b. This method is extremely dangerous, 1
of very many justice judgments, II put
o. the test, would he found invalid for Il
es iInperfectiops of the record; aud fir
tn and last, much litigation finds its va
al to the higher courts resulting from di
=, putes about the records Of justices. Z
N, der the present System, the ..attorne
ed often agree upon record Of the pr
all ceedings Of the justice trial and ha
nd the Justice sign it and attach it to Il
Oh writ, but in the long run clients have
"a bear the extra expense of their lawyer
~ doing the work OF the court and ::ev'
IN this system is not. in the opinion of /
il. writer, a compliance with the statute.
nd Courts similar to that under disc,
i'm sion now exist 10 all the cities OF /
ass state one wss established at NcWpt
he two years ago which has proved ~ C
se, venient that . bill is now pending
ida the Legislature to extend it, jurisd
ion tiou over the entire county Of Orl-al
,ay bills are also peuding for the estahli'
,rt, ment OF similar courts at Springtie
.lly Winooski aud Bellows Falls. The
pp, Establishment Of such court here wo,
9Th mean progress i'll more ways than Of
,ou aud We hope that all good citlzeus "
}, give their approval 10 the project
mr., Herbert w. Blake
hat Nr. Editor:
ge. The foregoing statement of Mr.. Biz
aill should, to my mind, receive the hea