Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-05-02
LAWYERS ENJOY A BANQUET
Guests of President Powell Of the
County Bar Association
Judge Miles Itidiculcs Some Suxees :
tions Relative 70 Court Procedure
and G.. G. ritts Discusses En-
pIoy~rs' Liability Lava.

The members Of the Chittendon County
lar associa ton were treated Monday night
to sumptuous banquet at the Hotel
Vermont, for which hey had to thank
their president Max L. Powell. They were
further treated to vigorous and original
talk by CLARK c. Fits of Brattleboro
The feast provided lacked nothing and
included a great deal from blue points
through the whole gAmut OF courses 10
coffee and cigars and good speeches. Inc
first speaker called upon was Judge Miles
OF the superior court. now presiding IN
Chittcnden county. Judge Miles mildly
sapped some Of the .Jen. for the renoTh-
zion OF the judicial branch OF go'c'''
ment, If not for the RELOCATION os juct
20 the past, which appear TO he cuf''
at the present time. Judge Mics :mp'' u
that rheso tcrdod to substitute the act.o T
of town meeting; CT the equivalent o. tc"I
meetings for the procedure OF the courts,
and showed very clearly that he was OF
opinion that there were Scmc questions
entirely beyond the ken OF town r.cc..
ngs and In fact only within the ken
Of men trained to grapple with them. !.e
said that for his part he would hardly
think Of consulting the opinion of a town
meeting on tNc question NHPlucI OF NOV
he ought to undergo an operation for
appendicitis.
Mr. Fits had for his s.hjec' "Tt- Time
to Re Brave He warned his hearers IN
advance ,hat Il was to be . rambling talk
on things he knew no more ABBOTT than
they The opinion of hts auditors was
that. Whatever he knew about them. At
least he had ocen able 10 think about
4 i,, hrtIl
restlve manner Ills tax fe!. naturally
into two divisions -arst treatment Of
questions arising out of the frequency Of
cases against employers for bodily injury.
and, second. a discussion of the stand
lawyers should take N regard to present
day panaceas which promise to effect
balances upon the immediate and supreme
will of the majority
Mr. Fits bore witness to the fact tina.
the courts are flooded with cases for
bodily injury by employees against en-
ploycrs He said that in at least one jur-
sdiction this class of cases amounted to
ms much as forty per cent. of the entries
on the docket He attributed to the
multiplicity of these cases a great part
of the congestion Of courts and the slow
ness of procedure. which tend to under
mine the judiciary and bring lawyers into
disreputc. He did not minimize the inn
poriance of such cases to lawyers. lie
admitted that anything which wiped them
away would 10 n distinct financial loss
to many attorneys. And yet he insisted
that they involved n menace and an in
jury which should he remedied. and APP
rcaled to the lawyers to do the generous
thing by taking the initiative In straight
oning out this kink In the law.
The speaker said that the trouble was
not only that the numbers of cases was
increased and the business of the courts
clogSed. but that the cases presented diff
ficulties almost insuperable in the way
OF justice. and that the expense OF these
cases was SO great as to divert the fruits
OF victory from even the successful VIC
tim. For difficulties in the way of JUS
tice there was on one side the inclina ton
OF every jury 10 pity the injured work.
man and decide every issue Of fact in his
favor and. generally to kick the corpora
ton wherever the chance presented and
on the other side the tendency for cor
porationS driven to the wall by the in
justice of juries to defend themselves bv
!
| that the expense OF a case of this kind
taxing mo account the test of expert
Witnesses and counsel. and appeals-is SO
great that the average successful plain
tilf. who had employed only the most
Sciupulous lawyers, would hardly get
more than sixty per cent of the damage,
| awarded
MT Fits insisted that the EMPLOYERS
| habi!ity acts enacted by so many of Inc
| states ana By the federal government
ana hailed as such victory and ad-
vance We're negligible in their (icial
| elect lie said they proceeded unon tho
wrong principle and were lust IN
neither side. In this connection Mr.
fltts gave specific illustration of tho
ueiects OF the new federal law. showing
how 1t practically does away with two
contrioutory negligence and leaves the
assumption OF risk rule still In force.
nder this law If brakeman Is hired
""ose uu'E Is understood to he to walk
along the running board on the ton of a
| 'e'snt car at all times and under all
| .o'O.'''"S' ana ne is hurt while doing
ms du'v on the running board on some
S'ee'y Night he can not recover because
'i'"l udhSer was part of the assumed
FISK But If the same brakeman Is in
Jtfed as result Of walking or sitting on
the sloplng side of the cara negligent
act but no part OF the assumed risk-he
| can recover.
MT. Fitts finds the solution of the ques-
'ion in abandoning all litieuous methods
| in cases of this kind and falling back
| upon the theory that injuries are part OF
the operating expenses to be borne by
the employer In short. he would have
| the employer compelled to be the insurer
OF those he employees. With reasonable
scale he was inclined to believe this
would incur less loss to both parties than
| either OF the old methods. Furthermore,
II would remove a world of discomfort
ana dlstrust of courts and lawyers. He
| urged the support of the bill embodying
| this theory now before Congress For
vermont he suggested an ingenious OPP
! lohai insurance law, since our rigid State
constitution makes dinlcut any COM
pulsory law of this kind His sugges-
ton was that We change the present law
to make valid contracts between en-
ployer and erlploye barring suit for any
! damages which may be sustained in the
employment, but add that to avail him
self OF the privilege of making contracts
Of this kind Tie employer must insure the
employe according to some prescribed
| scale.
| In the latter part of his speech Mr.
Fits set forth In strong relief the dan
gers OF the allurlns theories that every
| N hA-x, cola hxr AZ