The Barre daily times. (Barre, Vt.) 1897-1959, 1917-01-18
FAvoRs DUAL SYSTEM.
Ex-Judge Tyler Writes to John W. Cor
don About Court Reform.

don About Court Reform.
The following letter from form,
Judge John NJ. Tyler of Brattleboro I
John w. Gordon Of Barre relates to th
present discussion in Vermont over TIL
proposed adjustment Of the superic
judges:
"Brsttleboro, VT, Jan. Is, 1917.
Hon, John w. Gordon,
Barre, W.
my dear Sir:
"Your letter of the 18th inst. woul
have been sooner answered had ] no
been practically disabled by heavy cold
"You request my views in respect &
our present dual system of supreme AM
county courts. hesitate about writing
fully on this subject for two reasons
One is, have been so long out of tn
courts and out of law practice, that
may not be competent to express al
opinion on the subject. Ex-Chief Judg'
Rowell and Chief Judge Munson cal
speak from recent experience. Another
reason is, dislike to oppose any recon
mendation of his excellency, Governor
Graham, for whom have great respect
/ may add, deep, personal regard. He ii
sincere man and believes in whatever
he advocates.
"But YOU ask for my opinion on a
question that is of grave importance ia
the state, and it may be my duty TO give
Il for whatever it may be worth. There
fore, state that it is my settled convic-
ton, after many years experience in the
supreme and county courts and after
closely observing the working of the pres
ent system since left the courts, that
our present dual system is the true one,
an ideal one, and should not be changed
for another.
"The reasons for this view are obvious:
The courts are now composed of the
right number Of Judges. Six judges are
required for the county courts, each
Judge taking four terms in the large
counties, with Grand Isle and Essex
courts to be held by some one of the six
judges
at is common knowledge that there
has been large increase in criminal
business in the last 25 years, that per-
sonal injury cases have multiplied and
cucumber our dockets, as they cucumber
court dockets everywhere The result il,
the six Judges, with the work they do
sitting as chancellors, are fully employed.
As ehanoellors, they now try great
many cases that were formerly tried by
masters, at large expense to the state.
ITO the statement that seven judges
formerly performed all the work of both
courts, reply, that the business of the
courts has increased, as above
and that under the old system
Judges were, constantly compelled to cut
heir terms short, being required to at
end terms of the supreme court, and
when those terms ended the judges were
booked for other counties. | have a
,iWd recollection that in six large com !
les the September terms were rarely |
inished no matter how important that |
asses be tried--they were continued be- !
ause the presiding judge must attend I
he October term of supreme court. /
farch and December terms often met
he same fate. The result was, the
ockets were loaded with cases and
ould not be reached and tried. Now, as
am informed, the superior judges make
. a rule to clear their dockets. Cases
annot be continued without good reason
hown therefor.
"0ur present dual system was serious
Y considered several years and was
nally adopted as necessary for the dis
osal of the business of the court. The
even Judges did not and could not do all
ne work of the county courts.
"The experience of other states ought
, be of some value, Nearly every state
the union had preceded ours in the
ioption of system of dual courts as
he best system to be had, and no state :
I'd abandoned il. ,
"Our six superior judges are eompe-
mt, Industrious, faithful workers. II
as been widely reported that the ex-
ense of running the county courts has
rgely increased in the last ten years.
he statements published by Judge Tay-
r and Hon. w. A. Dutton, in November
st, place this subject in its true light.
hese statements should be read by ey-
V voter, for they show that expenses
at properly belong to county courts
I'VE not appreciably increased, though
niger terms and more cases tried might
arrant some increase in expense.
81 have expressed my views with re-
ctance, moved solely by an earnest
sh that the best interests of our courts
ay be conserved.
very truly yours,
"James NJ. Tyler.
Dict"