Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1914-03-04

lowed the only safe method, and l |
chen did as they had done, by try
ing all suits alike regardless of the
amount involved. AS men are con-
stltuted there is only one way in
which all suits must be tried whether
large or small, and if the law per-
mlts technicalties in one it must be
followed in all. A principle of law
IN ten dollar suit, when settled in
court, may fix the rights of parties to
suits involving millions Of dollars,
and the principle thus established
may last through centuries reaching
far beyond the borders of our own
country. The man in search of the
law governing a right which is dear
to him, tries not to find the case
involving the greatest amount in the
litigation, but the case involving the
principle governing his right, and
when it is found he never looks or
cares for the amount involved; but
all small cases do not involve great
important principles, and hence the
bench and bar, even more than those
outside of the legal profession, have
studied and labored to devise some
method by which such small cases
not involving great principles, could
be disposed of more speedily and
with less costs to the parties and
he State. All agree that it cannot
be effected by rule of court, and
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 no
exception to Supreme Court should
t Snoh q "a
is no doubt but that it would shorten
nat class of cases and it might short
en- cases involving large sums or
money, and it might discourage the
| bringing Of little matters to the
court; yet [ 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-
| ION 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.
A law could be passed that no
ruling or judgment of the county
court should be reversed by the
| Supreme Court, unless the exceptions
clearly showed that there was error
IN 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
N+h mi. T FILL L,
our Chief Justice, that our proceed
ure can be simplifed 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 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
i"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 a 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
III not affect the substantial rights
of the party complaining, has been
adopted. Our Legislature might "a
dept these rules, if it saw fit, but the
court cannot do it as the law now
stands.
The courts have gone their limit
and have accomplished much, and
| Vermont to-day stands in the front
rank with her sister states for adj
vancement in the line of speedy trials
and economical administration of
! justice, as shown in the limited time
taken in obtaining juries in homicide
cases and other high crimes, and
the promptness with which those
cases are tried, as well as by the des-
patch with which civil matters are
disposed of and the dockets cleaned
up; but Notwithstanding this much
criticism has been showered upon
the courts of Vermont, to an extent
: rarely seen in any other state. While
we'll grounded criticism wisely made
cannot be objected to, unfounded
and unjust criticism may do much
harm, not so much to the judge
criticised, as to the public
70 no {