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

that, If done at all, it must be done
by positive enactment by the Law
making body. Some advocate that
the admission and exclusion of evil
dence be left to the discretion of the
presiding judge, to whose action nc
exception to Supreme Court should
lie. If such law were passed; there
is no doubt but that it would shorten
hat class of cases and it might short
en- cases involving large sums OF
money, and it might discourage the
bringing of little matters to the
court; yet l hesitate to advise it.
While feel that there is no judge on
he bench to-day who would abuse
such power, yet it is a great tempta-
ton to shorten a term of court. No
| judge will unnecessarily prolong a
term of court, for it means labor for
him, but the opportunity to shorten
he term, may unconsciously warp
| the judgment of even some honest
! Judge; besides it is not in accord with
our free institutions. To place our
rights in the power and will of any
man without restraint of law is too
autocratic for a free government.
Would Limit Reversals.
A law could be passed that no
court should be reversed by the
Supreme Court, unless the exceptions
clearly showed that there was error
the ruling or judgment of the
county court and that the excepting
party was injured by it and that if
the case were reversed a different re-
suit would probably happen on an
other trial. l am in full accord with
our Chief Justice, that our proceed
ure can be simplif1ed by giving TO
our county court and court of chanc-
cry extensive power of amendment,
by which any form of action might
be amended to that of any other and
might be changed to a proceeding in
chancery and a proceeding in chanc-
cry might be changed to any form
of law for the same cause of action.
By giving to the county court and
court of chancery this power of
amendment the mistakes in the selec-
ton of remedies that sometimes hap
pen, though not frequently, would
be avoided and technicalities as to
forms of action would be eliminated.
Such change in our procedure can
not be effected by a rule of court.
1t would require an act of the Legis-
lature; and if that change is brought
about it must. be done by that branch
of the Government. AS suggested by
our Chief Justice in one of his public
utterances, the common law pleading
with the power of amendment in the
court as above suggested, is we'll
enough and probably no better sys-
tenn could be devised, and the Ameri- |
can Bar Association in their recent |
ly proposed rules for admissions to
the bar requires the applicant to pass
an examination in common law |
pleadings and practice. If the court |
was invested with abundant power
of amendment, no possible delays |
could arise.
This power of amendment is now |
given to the Federal Courts and to |
some of the courts in our sister states
with marked success and beneficial
results. In the United States and in
some of the states the rule to dis
regard any error or defect in the
proceedings of the trial court that
did not affect the substantial rights
Of the party complaining, has been
adopted. Our Legislature might a
don't these rules, if it saw fit, but the
court cannot do it as the law now
stands.
Vermont Stands Well.
The courts have gone their limit
md have accomplished much, and
Vermont to-day stands in the front
'ank with her sister states for ad-
in the line of speedy trials
and economical administration of
Justice, as shown in the limited time
AIKEN in obtaining juries in homicide
Eases and other high crimes, and
he promptness with which those
%rso xun1I NV tho dos
patch with which civil matters are
disposed of and the dockets cleaned
Id; but Notwithstanding this much
has been showered upon
he courts of Vermont, to an extent
arely seen in any other state. While
veil grounded criticism wisely made ;
annot be objected to, unfounded
md unjust criticism may do much
larm, not so much to the judge
criticised. as to the public, {
y creating a disrespect for the courts
nd the law in the minds of evilly ,
isposed persons, which may lead
ONE to the commission of crime.
The legal profession has its
boulder to the wheel of progress
political consideration and
Irrespective of political parties, and I
With only one purpose in view, VIZ:
o make that profession stand in the .
uture as it has in the past, second
o none in any state in the Union,
or learning, integrity and advanced
rocedure; and without discourage
nent at the unjust things said ABOUT ,
/. all have full faith that it will at
ain the high aim for which it is
irving and command the respect
f all the fair minded citizens of our
ate whose interest is indissolubly
onnected with such achievement.
I am, Sir,
Very respectfully yours,
WILLARD w. MILES.
Barton. vt, January 80, 1914.
MONROE.
A. xriSi in |