The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-07-02

| a. Ntii NAlAbH " ttaNt anu NtiAalHtl
more widely quoted out side Of the
state Now the supreme court in the
same length Of time only writes about
eighty reports and presides over not
one term Of county court, If the men
Of sixty years ago could do Il why
can not the men of today do as we'll
especially as there is not half the lit
igation as there was and we have
modern conveniences to expedite mat
ters?
What we want today is speedy JUS
ice rule of procedure that will stop
he continuing Of eases year after
year to the injury Of the man of little
means, the abolishing Of common law
pleading and the substituting of plead
iRgs, whose only test shall be, get a
logical statement Of the facts relied
on, in everyday English, such as any
school boy ought to be able draw.
| believe we should first retrench
by abolishing the superior court.
Then establish court of record in
each county TO be in perpetual session
and with jurisdiction in civil cases
up to at least $4,000 with a CORES
ponding criminal jurisdiction and
from which appeals would lie to the
supreme court. The judges of pro-
bate in the district in which there are
no municipal courts could be given
this jurisdiction and their salaries
increased say $500 and the rules gov.
ering justice trials made to apply, to
these proceedings. Better yet do
away with the municipal courts and
give the probate court the judisdic-
tion and save the salaries for the
state. There are not so many law
yers making 81 900 or over a year in
the state that we would find it hard
work to get competent judges for
courts of this kind, especially If we
extended the terms to or years
and made the salaries from 1920
to $4,000 combining the probate and
district courts, and there is no danger
that these judges would be so over
worked that they would rot have
more time for pleasure, even in the
larger districts, than the average bus
iness man who is drawing anywhere
near the amount of money mention
ed, besides the law provides registers
fees which would pay clerk to help
the judge and which amounts to more
than most frst-cass clerks receive
in Vermont at least.
A court Of this nature should hear
all appeals from justices Of the peace,
leaving only the larger cases to be
tried before county court and ] be-
lieve would reduce the business Of the
county court at least 80 per cent so
the supreme court judges would have
all the needed time for their work,
a litigant could obtain speedy justice
and the delays and technicaities
that brought the courts in to dsfavor
with the people would be done away
with, and the courts would regain the
respect that they used to command,
and be considered something besides
the means for smart lawyer to show
off.
1t will probably be said tuat no
lawyer would consider such JOB, but
one familiar with their francial CON
dition would hardly believe such a
statement and besides judge is hard
ly dead before half the attorneys in
the state are after the job, be it oth-
er supreme, superior, municipal or
even probate so it is hardy probable
that we would be short Of available
timber, especially if it was understood
one was to have the position during
good behavior, etc
To insure that no small case be
brought in county court that should
be tried in a distric. court. nave it
that costs can not be recovered in civil
cases unless judgment Of sufficient
ly high amount was recovered and
give the judge presiding power to
send case to district court for a
hearing, his decision not to be sub
ject to review and believe one would
find no one would abuse the practice
more than once.
Yours respectfully,
GEO. F. LAWRENCE.
Manchester, VT, June IS, 1914.