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

for trial at the close of each regular
term of County Court and should
not be continued, if either party de-
sired a trial, unless sufficient cause
was shown by the party asking for
the continuance, and the rules make
it difficult to get a continuance if
Nither side desires to try the case.
IN other rules the old English Chan
Gerry practice is very much slmplified
and changed to expedite the proceed
ure of our court.
For those who think our court is
not progressive, it is well to note,
at in a little more than three
years after the superior judges pro-
mulgated our present rules last above
mentioned, the United States Sup
RENE Court adopted similar rules for
their Court of Chancery among others
by them adopted at the same time,
which are now in force in that court
1t is impossible in a letter like
lis to go into a discussion of all
he rules adopted in 1909, but if
any one desires to inform himself
upon this subject, he can find those
rules in the office of any lawyer in
his town. All that space will per-
nit me to say is, that the superior
judges have done their best to give
he people a set of rules that would
expedite and simplify legal proceed
ure, and if they have failed in their
aim, they most heartily invite
| criticism, not by way of simply
finding fault, but also by point
ing out a better set of rules.
Finding fault without more
does no one any good. Emma Good
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 it 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 e. 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 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
! ne opening of court forty years ago.
[ have not had time to examine
this matter since deciding to write
re 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
docket, 154 law cases, divorce
cases, II State cases and % chan
Gerry cases; at the opening of its Feb
ruary Term, 1878, there were On its
1oxr
cases, 10 State cases and Fl chancery
cases; at it's September Term, 1873,
at the opening of court there were
on it's docket $50 law cases, divorce
cases, Is State cases and 81 chan
Gerry cases, and at the opening of
court at it's February Term, 1874,
there were upon it's docket 173 law
cases, divorce cases, 10 State
cases and 26 chancery cases. At the
opening of court the last time I pre-
sided there, in September, 1912,
there were upon it's docket, II law
cases, 81 divorce cases, II State
cases and % chancery cases.
hink a similar condition will be
found to exist in the other counties
in the State.
1t should, perhaps, be stated in
his connection, that the number of
cases on the docket at any one time,
gives but slight information as to
me number of cases that are ex-
pected to be tried; for scarcely ten
per cent of the cases entered in
court are ever tried or expected to
be tried when entered, and at the
close of each term of court, though
quite a number of cases remain Oh
the docket, very few of them are ever
tried or are expected to be tried, anu
are there for various other purposes
and would be there under any pro-
cedure that could be devised.
1t is pointed out by some not &C
quainted with legal procedure ,and
It's limitations, that unnecessary de-
lay is taken in the trials of small
cases.
The Superior Judges join with any
one who regrets that SO much time
is taken in the trial of such cases
and were it in their power to pre-