Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-13

Court for AYfdroscoggin county and
in 1919 by the Superior Court for
Penobscot county. A Superior Court
for Aroostook county was established
in 1885, but was abolished in 1893.
These four existing Superior Courts
do a large part Of the trial work in
forded q much needed and welcome re-
lief to tho Supreme Court. They do
not operate as = complete system with
a Chief Justice anu with . circuit. but
| each Justice is confined to his own
County. If litigation should increase
to suci, an extent as to require IL, the
circuit system could be easily de-
veloped and other Superior Court Jus
tees could be appointed. At the pres
ent time the existing method seems
satisfactory.
In another connection / have spoken
of the Law Court system up tc 1857.
I AT thai time the State was divided into
three Law districts. the middle with
an annual session at Augusta in May,
the eastern with an annual session at
Bangor in June, and the western with
| it's annual session al Portland in July
mer. so that its practical effect was to
give but one law term to the different
sections Of the State. This caused de-
! lay. In 1901, largely through the eff
forts Of this Association this was
changed to the present system. Il single
| district for the whole state with one
| term in Bangor on the first Tuesday of
June, one in Portland on the fourth
| Tuesday of June. and one in Augusta
on the second Tuesday OF December
At thsse sessions six out of the eight
Justices make up the Court. There
| are also at the present time forty four
| nisi prius terms Of the Supreme Court
held each year throughout the State.
so that under the existing regime the
| CHIEF Justice and Senior Associate
! sit at ali three of the law terms and
/ hold four nisi prius terms each. while
! the other Justices sit at two out Of
the three law terms each year and
hold six nisi prius terms each.
Pleading in our State is simple and
yet it requires, as it should. q good
measure of legal learning. Our writs
are as at common law, and since 1881,
when special pleading was abolished
/ by statute. the plea is the general issue
with trief statement of special mat
tiers Of defense. While the claims and
counter CLAIMS must be set forth with
reasonable exactness, with the elastic
provisions for amendment. the merits
! of the case are rarely sacrificed to
| technicalities.
| This State has never created a sepa-
rate court Of Chancery. as have many
other States, notably New York, New
Jersey and Delaware Our Supreme
Justices have had jurisdiction in equi-
ty as in law. with separate chanoery
! rules and practice. This branch of iur-
| isprudence has increased enormously
in recent years and for two reasons,
first because OF increase i'll jurisdic-
ton. and second, because Of the simpli-
! fication Of equity practice.
! In JSGn equity jurisdiction was linn
| tied I, two subjects, eases IT trusts;
arising under deeds. wills and cstateS
| and to the specific performance of
written contracts. Gradually the scope
| was broaGened and branch after branch
, taken OH, until in 1874 the act was
passed giving full equity jurisdiction
according to the practice of Courts OF
equity i'll all other cases beside those
named, where there is not a plain. ade-
quatc anG complete remedy at law.
in the earlier days the practice was
cumbersome and the process slow The
bill was made returnab!e only at "a
term CT Court. instead of at Rule
day, which is the first Tues day OF each
| month. All the evidence wss taken
F, in the form of dispositions and no wit
nesses were introduced before the
| Court. The case was therefore made
up wholly in writing and submitted
to the Court on BILL answer and proof,
| although a provision was made for
! trial of issues of fact by q jury in
! certain cases. Gradually the practice
was simrlified. and finally the Equity
Practice Act Of 1881 was passed large
ly through the influence of Chief JUS
tice Emery. who was then member
of the Senate, so that today with the
I great increase in corporate business
| no inconsjderable portion of the time
of the single Justices between terms
of court, is devoted to equity hear
ings. q condition unknown to tho
earlie: occupants Of the Bench
! In this connection 1t should be noted
that in 1893, an Act was passed allow
ing by proper pleadings an action be-
| gun on the law side of the Court to be
prosecuted on the equity side. and vice
| versa. This avoids the delay and ex-
| pense otherwise attendant upon fetrac-
ing ones steps on one road before en-
tering upon the other. This Act allows
a cut directly across.
| The past few years have witnessed
/ the creation OF the Public Utilities Com
mission and the Industrial Accident
Commission. each with a vast field for
operation and designed to relieve either
the Legislature or the Court of GER
tain classes Of litigation. This they
do. and yet questions of law arising in
matters before them are within the
or appeal.
| Then there is the constitutional power
| of submitting questions to the Justices
, on the part of the Executive or either
branch of the Legislature. Fifty-nlne
times, il my count has been accurate
have the members of the Court been
asked TO give their opinions upon inn
portant questions of law that have
arisen on so-calied solemn occasions
These answers are recorded in our Re-
ports from the first 10 the last cover
ing wide variety of subjects and
fairly rejecting the pressing questions
of the day.