Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-01-28
GROWING DEMAND FOR SIMPLER JUDICIAL PROCEDURE

KOWING DEMAND FOR SIMPLER JUDICIAL PKOCEDUhE'
Simpler judicial procedure is a demand of long-standng
Recent events Vermont have served to emphasize that de-
mand and directions few members of the bar have
discussed judges personally and individually in to make
the editorial repecer of courts and of majority opinions OF
courts gasp While they have helped undermine the trad
ona unquesonng attitude of the public toward the courts
they have emphasized the demand in question
For instance prominent lawyer declared that all
judges who held the executive should appoint for two
should have been removed From the time of the bred Scott
decision extending saverys Jurisdiction to the income de-
cson and the present. the public has been taught to
accept the authority of majority of the court The SOW
eregn people, however, change the constitution and the eff
feet of Interpretation whenever they deem such
course wise public policy.
The human liability to guarded against in our Ver-
mont court live to the spirit well as the letter OF
the constitution The opportunity for review of our courts
in biennial elections has just given prompt reversal OF an
opinion which showed the danger of wandering from plain
Interpretation Of the constitution and beco
ing lost in of thought and proundity That opinion
also showed the danger of giving undue Importance to
and seniority in office of Judge of the supreme court
The who had done something to institute simpler
judicial procedure well talk about the Hon. George
M Powers who stood and stands than to-day
the embodiment of that policy While persons sincere
looked only to constitutional questions outsiders took ad
vantage Of the Judge contest beyond constitution
al demands in effort to cruelty the champion of simpler
procedure The absurdy of the situation is shown by the
fact that Of the very who aragned Judge Powers
for accepting the appointment to caused
by the resignation Of Judge Rowe few weeks
urging other appointments to the bench They thus not only
endorsed Judge Rowes advice but they also looked to
change in the of the They put the old judges
in the position of the passengers of street with
conductor Upon counting his fares he found himself short
Nickel whereupon he exclaimed to the Faith
one Of ez will have to git off,
The demand for simpler judicial procedure which still
CARDS Judge Powers the hope of the people in this direction
has been repeatedly voiced by members of the bar and not
talk AS long 1893 the late amened
Charles Wids of Middebury of Vermonts most bril-
liant legal minds and then president of the Vermont Bar
ISOLATION delivered address the which he said
"The machinery of the law is defective. The
tera Of litigation still being through rusty Anticipated
machines resulting in bad work and delay The organic law
of the State provides that the remedy should be certain
free, complete and without delay
Take the action of trover 1t states that the plaintiff
possessed of certain goods Of his hattes
that he lost them which is fiction and courts will not
low the defendant to deny it's truth Although is lie from
way back cannot do justice by allowing the truth to be
shown.
"The next allegation is that the defendant came
possession of the goods by finding Not hun
dred has such element of truth it, but this fiction
be controversial and the defendant must admit that the
plaintiff lost the goods and that the defendant found them
"That is long round of saying that the plaintiff
loaned goods chates and the defendant refuses to return
them"
The verbose form and fctons that have grown up and
through which the courts of law have administer justice
not the only defects in the system of legal remedies that
embrace the work of courts and render justice ardy and
Mr.. Wilds showed in part that the reform demanded
not change rights remedies far adequate but to
all of value and abolish useless machinery and dis
nctions to submit all kinds of actions to the court for
trial by the modes of proof upon the forms of
ton.
The State republican platform of 1914 gave expression
this still prevailing sentiment in the following language
we mindful of the current criticism of State
judicial system addressed primarily the growing expense
of the administration of justice both civil and criminal
There furthermore growing sentiment in favor of
pifcation of court procedure
That utterance written by Judge, counseled by other
lawyers and endorsed unanimously by the State republican
convention only reflected public opinion but also embodied
what regarded under the circumstances pledge in
behalf of the party simplify judicial procedure and reduce
the expense of the administration OF justice.
Attorney General Barber has set splendid pace which
will effect saving detective service alone if continued for
the year. $30000 and still leave him margin for eff
fecye work That the Legislature desires to supplement
this of economy in other directions indicated by
the fact that the Legislature has looked to the appointment
Of committee investigate and report method of proce-
dure this subject We glad present lawmakers