The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-01-15
GIBSON MAKES REPLY
Answers Charges Of Londonderry sif-
ter Editor.
Montpelier, Vt, Jan. 4. 1908,

Dear Sir:-ln reply TO your editorial
concerning the Brattleboro Municipal
Court bill, l am departing from a
custom Of not answering newspaper
criticism but the editorial referred to
is so misleading and the attack so I'M
warranted, which with the fact that
your paper circulates in a community
of people who have always known me,
| shall have to beg space in which to
reply.
The attorney general in his report
and the governor in his message
called attention TO conditions indicat-
ing need of court reform and recon-
mended that same method be adopt
ed. either by the establishment of dis
trict courts or the extension of the
jurisdiction of municipal courts. to
take care of the small cases which are
now encumbering the county court
dockets so as to secure a speedy
Justice to litigants and at less cost.
To accomplish that end, early in the
session a district court bill was intro
duced. This failed of passage. The jul
dietary committee then discussed the
ACCESSIBILITY of extending the juris-
diction of municipal courts as
remedy for existing conditions and
appointed a subcommittee headed by
Mr.. Watson of ST. Adams city, to har-
monize all municipal court bills as to
jurisdiction other than territorial.
The attorneys of Bellows Falls drew
Municipal Court bill providing for
municipal court for that village with
criminal jurisdiction over the whole
county and civil jurisdiction over the
towns of Rockingham, Windham, At
hens. Grafton, Westminster and Put
ney. Afterwards the amendments to
the Brattleboro Municipal Court bill,
known as Senate bill No. SO, were
drawn for the purpose of harmonizing
the jurisdiction of the two courts in
the same county and for the purpose
of forming the basis of a bill upon
which the committee herein re-
ferred To. could act. The two bills
are practically the same except the
section which relates to the salary of
the clerk. and in view of the number
of towns embraced in the jurisdiction
of the Brattleboro court by reason of
its geographical position. it was
thought advisable to provide for
salary for the clerk So you see the
Brattleboro Court bill was not
cooked up" by me. did not even
draft the amendments. | introduced
it. and If open to criticism for so do
ing | will stand it,
Both bills as introduced were re-
ferred to the subcommittee of the
House and were by that committee so
amended as 10 carry the same iuris-
diction as to appeal as other munich
pal courts. The provisions
of the two bills are now the same
except as to the towns over which the
civil jurisdiction extends. The plan
of the two bills Is the same as that
adopted for the municipal courts of
Washington county and Orleans coun-
ty, and in fact contained in all the
municipal court bills introduced at
| this session.
The scope of both bills is to bring
| to the people a court which they may
go to If they desire, and exactly in
| accord with the recommendation of
the attorney general and the governor.
litigants are not compelled to invoke
the jurisdiction of the court They
aim TO bring to the people of all the
towns Of the county the same privi-
leges as are enjoyed at Brattleboro
and Bellows Falls. Personally. how
ever, il am to act as judge, would
prefer that the civil jurisdiction be
limited to Brattleboro, or at least to
the towns Immediately surrounding
Brattleboro, because to act as Judge in
wolves the giving up of large
amount of practice, which no practic-
ing attorney can afford to do.
Neither the original bill nor the
amendment to the same provided that
Londonderry cases should 90 to Brat
tleboro as may be inferred from your
| editorial. On the contrary, ii is
| specifically provided that Londonderry
cases shall be tried at Londonderry.
| They must necessarily be returnable
in the town where one of the parties
resides. | have forwarded to you the
amended bills and think you will
come to the conclusion when you con
slider them that your editorial attack
was wholly without foundation. The
Bellows Falls bill has passed the
| House exactly as amended, The
Brattleboro bill has passed the Senate
with the understanding with interest
| ed members of the House that the
House will cut out from the civil
| jurisdiction all towns which may de-
sire to be cut out There is no de-
sire on the part Of myself or anyone
else in Brattleboro to give to any town
anything their people do not want.
| Concerning your reference to the
salary that was purposely left blank
that 1t might be fixed by the commit
| tee upon consultation with the audi.
| tor of accounts as to the salary war.
ranted by the annual business of the
Brattleboro court. resent your in
situation of a salary grab The salary
of the Judge of the Newport court has
been raised to $1,000. Now none are
less than $1,000, yet have served for
two years at the salary of $3.50 and
disposed Of 1926 cases with less than
ten appeals. Every municipal court
salary is fixed upon the basis of the
amount of criminal business transact
ed and has no connection with the
amount of civil business.
You call the proceeding cheeky. Il
Il Is cheek to endeavor to carry ou
the party pledges, the recommends
tion of the chief law officer of the
state and the governor of the common
wealth, let the designation stand.
You speak OF inconvenience. II 1
is inconvenient for the people to have
court of final jurisdiction consider
ably larger than that of a justice ant
at a minimum cost TO llt'gants, If 1
is announcement for the small towns t
have the same rights as The large
ones, such inconvt nience OUGHT no
and will not be forced upon them