St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1914-03-11


man can do that. The benefactor of
society is he who points out the way
to better things, and not he who
simply bewails the present condition
of affairs.
Perhaps ii Is possible for some one
outside of legally trained bodies to
give us a better set of rules than we
now have. If that can be done none
will greet them with greater pleas
ure than the legal profession. From
the criticisms of some outside the
legal profession, the public might
be led to believe that the superior
judges and the bar had signally fail
ed to serve the people by an i'm
proved set of rules, and those criti-
cisms might lead the bench and bar
to a conclusion similar to that of
Robert r. Lee when criticised by a
Richmond paper upon one of his
campaigns, who replied, when it was
called to his attention.: 81 yield to
he criticism, but the mistake is not
mine. 1t lies with the Government
in not placing at the head of the
army an editor instead of a military
man."
This matter of court procedure is
of the highest Importance to the
citizen, for it is the channel through
which he obtains and defends his
rights and should not be dealt with
thoughtless or unskilled persons,
and If one, dissatisfied with what the
profession has done, undertakes to
change it or to excite others to do
so, by enactment of law or otherwise,
would advise him to carefully ex-
anime what has been accomplished
under our present rules. IF he ex-
amines, I am sure that he will find
he dockets throughout the State
we'll cleaned up and a great change
n the number of cases now standing
upon the docket at the opening of
court and those standing upon it at
he opening of court forty years ago.
Docket Well Cleaned.
I have not had time to examine
this matter since deciding to write
he letter, but I have looked into
his matter a little in the county
of Orleans and following is the re-
suit.
At the September Term of Or
leans County Court, 1872, at the
opening thereof, there were on its
iocket, 154 law cases, 5 divorce
cases, IL State cases and % chan- |
Gerry cases; at the opening of it's Feb
ruary Term, 1878, there were on it's
docket 165 law cases, 2 divorce |
cases, 10 State cases and 81 chancery |
cases; at its September Term, 1878, |
1T the opening of court there were |
IN it's docket $50 law cases, 2 divorce |
cases, Is State cases and q chan
Gerry cases, and at the opening of |
court at it's February Term, 1874, |
here were upon it's docket 173 law
Eases, divorce cases, 10 State
cases and 26 chancery cases. At the
opening of court the last time / pre-
sided there, in September, 1912,
here were upon it's docket, 70 law
Eases, 81 divorce cases, II State
.ases and % chancery cases. 1
hink a similar condition will be
ound to exist in the other counties
n the State.
1t should, perhaps, be stated in
his connection, that the number of
asses on the docket at any one time,
;ives but slight information as to
he number of cases that are ex-
'ected to be tried; for scarcely ten
'er cent of the cases entered in
curt are ever tried or expected to
10 tried when entered, and at the
lose of each term of court, though
.ulL6 d nuI1OCI VI cases ICl1dAA OA
he docket, very few of them are ever
ried or are expected to be tried, and
re there for various other purposes,
nd would be there under any pro-
edure that could be devised.
Trial of Small Cases.
1t is pointed out by some not ac-
TAINTED with legal procedure and =
IS limitations, that unnecessary de-
ay is taken in the trials of small
asses.
The Superior Judges join with any
ne who regrets that so much time
taken in the trial of such cases,
nd were it in their power to pre-
ent it they would no longer ex-
It. l noted this unfortunate condi-
on long before l came to the
ench, and l thought with tact the
1urt might shorten such cases to
)me extent. | then knew as ] now
now that the constitution gave to
Il suitors the right to trial by jury, !
/ all cases triable by jury, whether
he amount was great or small, and
lat it gave to suitors whose cases
lvolved small amounts the same
ghts during a trial of such causes
5 to suitors having matters invOlv- ,
lg large sums, and that one had :
, be tried by the same rules as the !,
Their; but believing that when only :
small sum was involved, the good .
,nse of the defeated party would :
revail, and that, if evidence was ex-
Iuded enormously, if the error was +
armless, he would not be encourag-
! to take the case to the Supreme .
curt, and when l came to the bench
acted in accordance with that view
the trial of cases involving small
in an attempt to shorten
lem and at the same time to pre-
,rve the rights of the parties. When,
Owever, the reversals began to come
/ I discovered that my well inten- !
oned plan was a failure and that
lose who had preceded me had fol-
wed the only safe method, and
len did as they had done, by try
.g all suits alike regardless of the
mount involved. AS men are con-
ituted there is only one way in
hich all suits must be tried whether
1orx