Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1917-02-28
Well-krown Lawyers Formerly OF
Orleans County Take Opposite
Sides

Former Representative E. A. Cook
of Lyndonville made singing criti-
cisn of the Vermont Bar association,
which he charged with being unpro-
gressive and of unnamed members of
the superior court before the judiciary
committees Of the house and senate at
the hearing on the judiciary bills last
week in representatives hall. Mr..
Cook declared that the judges who
were urging the retention of the dual
system got their training under sys-
tenn that had been in vogue half
century. He declared that it was a
good thing for the court to come down
and "touch elbows with the people
touch elbows with the assistant judg-
es if you please, because (smillngly) |
do not know of any more important
function which the assistant judges
have to perform than to touch elbows
with the presiding judges"
He characterized unnamed mem
bers of the superior court as unfit"
to assume the high places on the
court. While Mr.. Cooks opinion of
the superior court was light he de-
clared the present supreme court was
the best Of any with which he had had
experience in his 80 years at the bar.
Referring to a statutory require
ment for a decision from the court on
cases argued in supreme court with
in a specified time, he said that it was
within the province of the legislature
to have this done. The judges were
the servants of the people and if the
Legislature required the judges to per-
form a certain task within specified
time and it was not done then the leg
islature need not rehire them. His
statement that the Vermont supreme
court was the best the state ever had
was applauded. He replied to the ar
gument of Mr.. Redmond that two rea-
sons for the retention Of the dual sys-
tenn were Judges Tyler and Rowell,
that they had received their training
under the old system. The third rea-
son the Vermont Bar association he
said he did not know of any movement
of a progressive nature they had ever
favored The present president, Mr..
Young, had for the first time invited
complaints and was trying to be pro-
gressive. He said he resigned from
the bar association two years ago af
ter having been member for 30
years.
President George B. Young of the
bar association followed Mr.. Cook in
defence of the present system but it
was left to M. G.. Weber Of Rutland
to answer Mr.. Cooks charge that the
bar association was unprogress1ve.
Mr.. Young in his address to the
committee said that under the old sys-
tenn the judges were overWorked. They
had to spend their evenings writing
opinions in supreme court cases while
their days were occupied in the trial
of county court matters. He criti-
cised the present method of drawing
jurors for the county court and be-
lieved they were not securing the
grade of jurors they should have. For
that reason he was believer in the
selection of a struck jury or having
jury commissioners who would make
the selection. He said the district
court bill was no benefit. He charac-
terized it as a "court on wheels" and
Illustrated what would happen in
S25 collection suit returnable in the
town of Newark. A Newport law
yer would have to visit Newark on
two different days, pay SIS each day
for a team, for this service the law
yer ought to get $40 and if he won the
case they could figure out how much
there would be in it for the plaintiff.
Mr.. Young favored continuous ses-
sion of the county courts and on this
was Intercepted by members of the
committee.
Mr.. Young said he had urged before
the committee certain uniform legis-
lation which the committee thought
was too progressive" and it had been
killed. It could not be charged that
the association did not believe in re-
form.