Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1909-12-16
More on Judicial Reform.

That the matter OF reforming the courts
OF Vermont 10 as to reduce the expense o
the department OF justice and expedit,
the final adjudication of cases taken be-
fore the courts is being earnestly consid.
cred is evident BY the number OF papers
discussing the matter. The Rutland
Herald shows that the judges OF the su.
preme court in Vermont gave an average
OF eighteen decisions each during the past
year, that in nine states there are fewer
decisions per judge than in Vermont and
that in four states the judges average
about 100 decisions each a year. II be-
lieves the increase OF the number OF judges
OF the supreme court to five was unneces-
sary. The Bennington Banner and the
Union journal believe the next legsla-
ture should reduce the plumber OF su-
preme court judges to three and the judges
of the superior court to five and compel
the municipal courts to hear all of the
cases within their jurisdiction TO avoid
the payment Of justice OF the peace fees
there. The Montpelier journal and the
Springfield Reporter present strong argu-
ments against any reduction in the num-
Der of judges in the various courts and es-
pecislly the supreme court BECAUSE FIVE
members are necessary to give that court
proper dignity and TO make its decisions
weighty enough to be properly recognized
throue bout the country. To this the Gro
ton Times and sorne other papers have re-
piled that they believed the supreme
courts decisions should derive their
strength from their justice rather than
from the number Of men making them.
The Caledonian is inclined to accept
the argument of the papers against the
maintenance of so large courts as the
stronger OF those so far submitted. Dis
cussion of the courts and their procedure
is rather dangerous for one unacquainted
with the principles of law, as most Ver-
mont editors are, ourselves included, still
1t seems reasonable for laynan to ask
the judicial department OF the state to
show that the great increases in the court
expenses OF the state have expedited or
made more certain the rendering of JUS
tice in this state. 1t is true the court
dockets have been cleared to some extent
but that has been partially accomplished
by the disposition of the judges to strike
of cases that are never intended for trial
and have been kept on thednckets for the
sole purpose of thwRrting justice. There
is also growing disposition in Vermont
courts to be less influenced by mere tech
nicalities and thus to some extent expe-
diting their work. These conditions are
the results OF the quality OF the judges
rather than OF their number. With the
dockets being cleared and reduced in size,
as the advocates of the larger courts as
sert, the amount OF work for each Judge
must soon be diminished and the number
OF judges could be reduced without delay
ing the cases before the courts. The SUI
preme court does not consider questions
OF fact in connection with a case, the
facts in the case are presented in the low
er courts. The supreme court decides
whether or not the rights under the law
Of the parties in litigation have been vio-
lated and il they have orders a re-trial.
So it would hardly seem necessary to have
bulk TO secure accuracy in this class OF
work. The salary of a judge now is
large enough (but they are not over paId)
to secure man whose accuracy on these
questions is as sure as that Of q multi
tude. These facts increase the demand
for demonstration that the work OF the
Vermont supreme court cannot be safely,
accurately and promptly done by small
er BODY OF judges than it is at present.
IL it cannot no one will ask for the
change; il it can be done the state is enti-
tied to t.-St. Johnsbury Caledonian.