The Barre daily times. (Barre, Vt.) 1897-1959, 1917-02-17
VERMONT'S COURTS
BONE OF CONTENTION
Arguments Pro and Con Were Intro
duced at Legislative Hearing
on Proposed Law.

The proposed change in the states
court system was discussed at a hearing
before the joint Senate and House judi
ciary committees last night. John w
Gordon of Barre and John w. Redmond
of Newport were the chief opponents Of
the administration bills now before the
legislature to abolish the superior
judges, and Representative J. L. Stearns
of Burlington and Senator Fl. G. Morse
OF Hardwiek were the chief spokesman
for the measures. Attorneys II. c. Shurt
left of Montpelier and NJ c. Weber of
Rutland supported Messrs. Gordon and
Redmond, while Attorney NJ A. Maurice
of Worthwhile advocated the measures.
The House bill abolishes the present
superior court and increases the number
of justices on the supreme bench to
eight, but Mr.. Stcarns stated last even
ing that no objection would be made to
increasing this number to nine, so as to
| include all OF the present members of the
superior court, with the understanding
that no appointment woeld be made to
fiji the vacancy which might occur, thus
automatically reducing the number TO
I eight. The Senate measure abolishes the
l6 municipal and city courts and creates
| IL district courts for the entire state
which in addition to hearing the causes
now tried in municipal courts are de-
| signed to care for some OF the causes
now tried in county courts. There will
be another public hearing on the bills
next Thursday evening.
| Judge c. s. Palmer of Burlington.
while not discussing the merits of either
bill, called attention to certain altera
tions he thought should be made in the
Senate measure. He particularly object
ed to the proposed consolidation of the
Winooski municipal court with more than
city court, in which more than 800 cases
are heard annually.
Mr. Stearns in his carefully prepared
argument supporting the House bill said
the main object of the proposed changes
was not to effect economy in court ad
ministration, although the measure would
do this, but to bring directly to the peo-
pie simple, swift and inexpensive justice,
Senator Morse, although himself an
attorney, numerically fayed his brother
lawyers and the present system of JUS
tice and municipal courts in his argu,
ments. He said that the courts should
be for the people and should be so insti-
tuted that a htigant could get in and
out without filing his petition in bank
ruptcy,
Mr.. Gordon denounced what he termed
the taunts and sneers that had been flung |
at the bar and at the courts by the pre-
vious speakers. He said that the pro-
posed method was one which would mean /
increased expense and more litigation. |
The speaker also vigorously denounced /
the present municipal court system,
which he stated was foisted upon the
state in the same manner as was pro-
posed in the present case. He termed
the United States supreme court dis
grace to the country because il would
not furnish enough judges TO take care
of it's business. and required four years
to reach hearing on case. In closing
he made strong point of the confidence
which the people of the state now have
in their bar and bench and elaborated
upon the fact that loss of confidence in
our courts meant an undermining of our
institutions.
Mr.. Redmond based his argument for
the retention of the present dual system
upon the letters of former Chief Justice
]. ". Rowell and Judge James Nj. Tyler
favoring the present system and upon
The protest Of the Vermont Bar associa-
lion against any change in system. He
also scored telling point when he illus
rated how the redistricting of the state
meant merely transfer of expense from
he county courts to the district courts.
Mr.. Redmond denounced the raising of
he money limit of causes TO be tried in
district courts and said that principle
llone should govern such questions.
1t was brought out by speakers sup
porting the administration measures that
rom Jan. !, 1899, TO Jan. ], 1907, with
'even judges on the supreme bench, also
LONG the county court work, the aver
Ige number of opinions handed down by
he supreme court was 81. With four
Judges on the supreme bench doing only
court work. from 1907 TO zoos,
s opinions were handed down and with
I've supreme court judges doing only SUI
IRENE court work from 1905 until 1916,
he average number OF opinions given
vas 81. the same number as when the
upreme court judges also did the county
curt work between 1901 and 1906. This,
t was stated, proved conclusively that
he amount of work done by the judges
vas the same when they did the county
curt work in addition TO their services
n the supreme court bench, as when
hey did the supreme court work alone
Figures were also read showing that
Thile Vermont ranked very low in the
Gale Of states a. regards the number OF
pinions per Judge. the average in this /
tate being ~. she was fourth in the list
: regards the average words per opin-
m. which was S.462 words per opinion.
tab. North Dakota and Idaho were the
MY states To outrank the Vermont
nnrh in this resneet