The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-11-01
The Time to Reform.

The time to reform our courts is
during the session of the Legislature
Of 1917, and the men who ought to
give their attention to that work Of
reform are not the laymen but the
lawyers.
II the republican nominees for the
House and Senate are elected-and,
as a general thing, they will be-
there win be the usual number of
competent. experienced lawyers in
both houses. To them the people OF
Vermont are entitled to look for hon
est consideration Of the problem of
court reform, and if they do not give
it due attention and prescribe fair
remedy, the laymen>wiii 90 so.
If Horace F. Graham is elected Gov
ernor-and he certainly will be-
there will be a wise and experienced
lawyer at the head of the state gov
eminent. If Roger w. Hulburd is elect
ed second in command, there will be a
lawyer at the head of the Senate. Ii
Stanley c. Wilson becomes Speaker,
there will be lawyer at the desk Of
the House.
Between the Governor and the Leg
islature, it will be only by deliberate
ly declining their duty that the Legis-
lature OF 1917 can fair to provide re-
life for the present scandalous condi-
lions Of court expenses.
1t may seem stale and Improbable
to reiterate the deadly facts concern
ing the high cost of the administers
ton of justice, but they stare at us
from the pages OF every financial re-
port. They are stubborn things, and
they must not be lightly cast aside.
The costs of courts have increased
over $4,000 in 10 years There Is no
escaping the fact, and yet the cost Of
justice to the litigant has not decreas.
ed accordingly The multiplication OF
courts has not effected a remedy: 1t
has merely aggravated the situation.
Some of the best lawyers declare
privately that the remedy lies in merg
ing the Superior judges in the SUI
preme court There is not only good
reason for this from the standpoint of
economy but as a matter OF public pol
icy. 1t does judges no harm to be
brought regularly in touch with Coun-
ty courts; on the CONTRARY, it is one
OF the most humanizing influences
there is.
If the criticisms of our Supreme
court have any foundation in fact, it
is for the reason that men living a
clustered life, dealing purely with alb
stract questions of law, become neces-
sarily experts in its technicalities and
finely spun theories, so that, sooner
or later and almost inevitably ques-
lions of right and equity are lost sight
o.
1t may cause the profession to grasp
if confronted with the plain duty of
preparing the way for the abolition OF
several salaried positions which can
be filed only by lawyers. but. positive
~ and certainly. ii they do not take
the plunge voluntarily. they will be
plunged forthwith into the icy waters
of abolition. with certain lay grips on
their collective napes
Anguish will proceed from that pro-
cess, but conceive the pain and SUI
fering that will ensue from amputa-
ting certain municipal courts from the
system, for certainly many of the
newly established tribunals must
either be re-districted or abolished.
From the triumvirate of the state
government practically certain to be
indicted into office in January, 1917
Governor, Northumberland and
Speaker of the House-much may, con
fidently be expected, but, without the
support Of the membership and the
profession, nothing will be done by
the lawyers to prescribe remedy.
Beware, in that iuncture, OF lay
mems bill that will make the stars
jingle in their orbits.-Rutland Her
aid.