The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-02-20
The Court Problem.

The first alignment Of the pros and
ants, i'll connection with the rcorgan
ization Of the courts, disclosed several
facts very clearly.
a. While the bar association isl
officially opposed to the governor 5
court program, the lawyers of the
state are BIZ no means committed to
that opposition.
The sponsorship Of the House blu,
II ljt, by a young, talented and ener-
gctie LAWYER, Representative Joseph
T. StcarnS of Burlington, demonstrates
that fact, Just as the vigorous and lucid
defense of = - by Senator Morse OF
Caledonia county, gives an linking Of
I the free opinions OF an experienced leg
/ islator and competent attorney.
! The situation has developed almost
exactly as The Herald predicted. de-
spite the confident assurance of the
ants.
/ o. The main arguments against
/ the governor 5 plan are the bar asso-
citation. Judge Rowell and Judge Ty-
Ter. - Will the legislature presume TO
know more about the courts than the
bar association and these two eminent
iuristS!' is the challenge uttered by
the opponents of the court program
The Herald stands in no particular
awe Of the bar association 1t is mere
liz q professional organization, con
trollcd mostly by active politicians,
which not only undertakes to name the
Judges Of our courts, but to punish
I those who actively oppose their
schemes. As an organization of skilled
and educated lawyers, the bar asso-
citation is entitled to respect, as 4
: political organization, ii has no stand
2 ing that anyone is compelled to reeog-
nize.
The Herald yields to neither attorney
nor court i'll its respect for the judi
ciarE. 1t will 90 nearly as far as q
lawyer in giving and requiring sucl
respect for the members of the su
prcmc court but John ". Rowell anC
James NJ Tyler have retired TO pri
vatc life and their opinions are merely
respectable by virtue Of their higl
I character and great experience. They
t do not speak as jurists but as private
citizens.
!. But even 50, We chcerfullv accor,
those opinions as deep and voluntar,
respect as those of any men in tht
I world. Such opinions are not conelu
+ sivc, however, especially when we con
!. slider that the eminent reputation o
those splendid iurists was made undo
: the very system which they now dep
T recatc.
|. (3.) Whether the lawyers an,
= judges recognize il or not, the peopl
are urgently demanding a system o
= Justice which viii enable the poor lit
/ giant to have his case tried withou
a being a loser when he wins and
II bankrupt when he loses This deman
u is Just as much a matter for the legis
lature to consider as the demand fo
practical education and good roads |
g is demand that must be met and sat
y isfed.
ri Once convinced of that demand
neither Judge Tyler nor Judge Row
ell could reasonably object to the pro
posed district court system, especia
II Il when that system is practically i
u effect now. This brings us to the pro
e posed merger of the superior Judge
ID in the supreme court. earnestly oppose
10 on the ground that the justices of til
Il latter should not sit in county cour
10 And yet, the opinions of those di:
II tinguished justices, so often lauded an
10 so widely recognized, were the direc
e and proper outcome Of the very systel
a. which i IS now proposed to restore.
II In order to make their argument
D effective, the opponents of the Stearr
II bill ought to be able to point to som
5 bad law or feeble opinions on the pal
,e of Judge Tyler and Judge Rowel
,e far, they have not done so.
St What the ants are really opposin
Is are Cd the present law, and co til
.. restoration of system which pr,
n duced strong and sagacious lawyer
great judges and sound law Their a
,. guments are fallacious and their fact
disprOve their own contentious.
n For A Thorouoh Iuvesti O. a4ioo