The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1917-01-24
SHOULDN'T CHANGE SYSTEM
Present Dual System is Better Says
Former Judge J. M. Tyler.

Hon. John w. Gordon,
Barre, Vermont.
My dear Sir: Your letter OF the
18th inst. would have been sooner
answered had | not been practically
disabled by a heavy cold.
You request my views in respect to
our present dual system of Supreme
and County courts. | hesitate about
writing fully on this subject Tor two
reasons: one is, have been so long
out of the Courts and out of law
practice, that may not be competent
to express an opinion on the subject.
Elk. CHI j. Rowell and Ch. ]. Munson
can speak from recent experience.
Another reason is, dislike to oppose
any recommendation of His Excel
lency, Governor Graham, for whom |
have great respect may add, deep
personal regard. He is sincere man
and believes in whatever he advo-
Gates.
But you ask for my opinion on a
question that Is of grave Importance
to the state, and it may be my duty
to give it for whatever it may be
worth. Therefore, ! state that it is
my settled conviction, after many
years experience in the Supreme and
County courts and alter closely OBJ
serving the working of the present
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 OBJ
vious: 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.
1t is common knowledge that there
has been a large increase in criminal
business in the last twenty-five years,
that personal injury cases have multi
piled and cucumber our dockets as
they cucumber court dockets every
where. The result is, the six judges.
with the work they do sitting as
Chancellors, are fully employed AS
Chancellcrs they now try a great
many cases that were formerly tried
by masters, at large expense TO the
state.
To the statement that seven judges
formerly performed all the work of
both courts, | reply, that the business
of theCounty courts has increased,
as above indicated, and that under
the old system presiding judges were
constantly compelled to cut their
Sh hoiprv rnfnsral 70 NJ
terms of the Supreme court, and when
those terms ended the judges were
booked for other counties. | have a
vivid recollection that in six large
counties the September terms were
rarely finished-no matter how impor-
tant the cases to be tried-they were
continued because the presiding Judge
must attend the October term of Su-
preme court. March and December
terms often met the same fate. The
result was the dockets were loaded
with cases that could not be reached
and tried. Now, as | am informed.
the Superior judges make it rule to
clear their dockets. Cases cannot be
continued without good reason shown
therefor.
Our present dual system was SER
iously considered several years, and
was finally adopted as necessary for
the disposal of the business of the
courts. The seven judges did not
and could not do all the work of the
County courts.
The experience of other states
ought to be of some value. Nearly
every state in the Union had preced-
ed ours in the adoption of system of
dual courts as the best system TO be
had. and no state has abandoned 1t.
Our six Superior judges are compe
tent, industrious, faithful workers. 1t
has been widely reported that the
expense of running the County courts
has largely increased in the last ten
years. The statements published by
Judge Taylor and Hon. w. A. Dutton
in November last, place this subject
in its true light. These statements
should be read by every voter. for
they show that expenses that proper
ly belong to County courts have not
appreciably increased, though longer
terms and more cases tried might
warrant some increase in expense.
have expressed my views with re-
luctance, moved solely by an earnest
wish that the best interests of our
courts may be conserved.
Very truly yours.
James NJ Tyler.