Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1913-11-19
OUR JUDGES.

st. Johnsbury Caledonian attacking
the ability of the superior judges
because the Vermont Reports show
that only So per cent of the decisions
of the superior judges taken to the
supreme court have been affirmed by
that court. Using the cases taken to
the supreme court as basis. the
article states that the percentage of
correct work of the majority of the
sl1perior Judges is less than sixty per
cent, and argues that this record
shows plainly where the old system
of promotion is weak, and asks II the
governor or legislature of the state can
conscientiously promote judges simply
on their seniority. The article says,
"Why should a judge expect 1T!
Think of the immense expense OF this
incorrect work and the injustice of
submitting the people in litigation to
it. Then. too, if one of these Judges
with less than sixty per cent of his
work correct is promoted to the
supreme bench his work is final. there
is mo higher authority to correct it.
And incorrect work on the supreme
bench means injustice. With over
third of its work unjust no tribunal
could expect to retain public conf
dence."
In answer to the question contained
in the article we say first, that the
Californian is not correct in its state
ment as to the correct work o. the
superior Judges second, that if all the
court records show that a superior
Judge has the necessary ability, there
is no reason why he should not be
promoted to the supreme court.
- Since the superior court was organ
lied, two of its judges, Powers and
Haselton, have been promoted to the
supreme court, and recently Judge
Powers was appointed chief justice of
the supreme court. No one denies the
ability and learning of the two Judges.
nor their qualification for the positions
they occupy, yet while acting as trial
judges Judge Haselton had thirty two
of his decisions affirmed and twenty
four reversed by the supreme court.
while Judge Powers had thirty of his
decisions affirmed and twenty-fOur
reversed, making the percentage OF
correct work, Haselton fifty-seven
plus, and Powers ffty-fve plus.
Applying the rule of the Caledonian
neither of these judges is unqualified
for the position he occupies. yet we
think the Caledonian would he the
first to refuse such an application.
Some Judge once defined the su-
preme court to be that tribunal which
correctS the errors of other courts by
adhering to its own The decisions of
our supreme court are naturally final.
The only high tribunal is the supreme
court of the United States, and that
court can pass upon the decisions of g
state supreme court only when {
federal question is raised. Since oul
superior court was organized one such
case has gone to the supreme court Of
reversed the decision of the Superior
Judge. The case was taken to TIT
supreme court of the United States
and that court reversed the decision
of the supreme court of Vermont AM
affirmed the decision of the superio
Judge. Would the Caledonian argu
from that that the percentage OF COZ
rect work of our supreme court /
nothing. The Caledonian assume
that the cases taken to the supreIn
court constitute the entire work @
the superior judges. IF the edito
would spend some time attending
session of county court we think b
would discover how erroneous is tn
assumption.
Last week the Monitor printed frol
the Randolph Herald an editorial cabin
for the complete and true records
our judges. We have taken pains /
ascertain the work done in Orlear
county court during the past eigl
years, the period during which ar
member of the supreme court hs
been trial Judge During TIL
period five hundred seventy-seve
judgments and DEGREES were renders
in that court. Of that number thirt,
five cases were taken to the supren
court, of which eleven cases WEI
affirmed, fifteen reversed, and NH
are still nandjnp makin0 ovor n;not
three per cent correct work. In tn
work all of the superior judges, wi
the exception of Fish and Slack, pa
ticipated. AS the Caledonian stat
that fifty eight per cent of all cas-
taken to the supreme court have be-
affirmed the percentage of CORE
work done in other counties must e
coed the work done in Orleans county