Daily Kennebec journal., 1911-03-10

Continued from Page One.)

there and it is a very important court.
What do you give us to take the place
Of it?"
Mr.. Montgnmcry-"Yo can have just
as many terms under this bill as you
can now"
Mr. Hoath--"Your bin only provides
for six"
Cumberland county are very import
ant"
Mr.. Montgomery" its import
anee and value lies largely in the di-
rect appeal to court that is not con-
nectcd with it in any way"
George p. Bisbec of Rumford asked
Mr.. Montgomery if the result sought
wouldn't be obtained if the judges who
sat on Il ease in niSi prius were for
hidden to sit on the same case in law
term, however. it went to the law
court. Mr.. Montgomery said that il
would not for the judges would be
present just the same. He then went
on to review the history OF the courts
in the State. recalling the old court
of common pleas, the district courts
and the tahlishment of the present
general form in 1852, the law court ol
1855 and the amendment of 1857.
Mr.. Montgomery reiterated his OBJ
lection to having the same Judges 81
in trial who attend the law terms ant
Mr.. Bisbee interposed the suggestion
that Mr.. Montgomery didn't want tho
judges where they could talk to eacl
other. Mr.. Montgomery allowed tina
that was about his position. He Wen
on to recite that in his first ease be-
fore the law court, he had tried th'
case before Judge Appleton and tount
him sitting when he got to the Law
court. He felt that it wasn't right ant
objected to it.
You had Ia stick TO the same story
didn't you?" remarked Mr. Bisbcc sar'
castically and everyone laughed.
Il would stick 10 the same story
anyway" replied Mr. Montgomery
Continuing he said that he found thai
clients made the same objection to the
present system that he did and that
both the United States and MasSaehu'
."tts had changed over.
Don't You think the decisions Of tbs
Maine decisions are just as WeightN
and just as good as those of the Massa
Chusctts courts" asked Mr. Hersey.
Mr.. Montgomery replied that hC
didn't care Ia make any comparisons
In answer to "a question as tc
whether he believed his law cOnsti-
,utional Mr.. Montgomery said that
the court was already divided. the
Chief justice having superior powers:
one is To designated as n trial Judge
Il certain number are constituted n
law court and Judges. on occasion
can sit as judge OF the superior courts
charles F. Libby of Portland OBJ
jectcd to the last assertion. but Mr.
Montgomery pointed out that Judge
Bird recently occupied the superior
bench in Cumberland county upon the
death Of Judge Turner
David y. Nortland of Rockland.
dean OF the Knox county bar and
president of the Knox County Bar -ts-
sociation. made {. stirring address i'll
favor of the charge. perhaps You
are somewhat surprised that | should
feel called upon to say anything in
this matter. My days at the bar ar"
practically ended. | have no future
ard don't desire any. have been
at the bar in active practice for a.
years and have had considerable "N-
periencc. Ny name appears III thc
Maine Reports to the extent of 100
cases.
Il may say 10 you here that I have
never been satisfied with the system.
IL there is no better system than that
in Maine then stick TO it. but my eX-
Deriene,. leads me to believe that there
is something better. We want what
il best. We want that which will
place our courts above suspicion our
courts are not above suspicion. Tho
judges are permitted To go among
the people To hear local prejudices
and take them to the law court. /
mean no criticism Of the court. hut
the Judges are human. They are like
You and ! even if they are absolutely
honest.
You say that we have this system
here for so years. Why: Is it be-
cause there is none better" No. il
ia because we are used TO the sES-
tenn. What ever is. is right. We are
too conservative. Now il we are sat
isfied that the system is wight why
is it that none of the other states,
aud several have been admitted in
the last fifty years have not adopted
our system?
The Legislature Il few years ago
placed certain restrictions upon judges
who sit in law courts. 1t felt evidently
that judges should not sit on cases
concerning which they had already
expressed TO certain degree an opin-
ion. But that does not remove the
objections. The associations make
friends. Although you men here are
only together three months yet l
would not want to try a case before
one of you and then appeal to the
rest Of you. why? You are friends.
II don't expect to Try another case.