Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1845-01-24
From the Racine Wisconsin, Advocate.
EOYx.4 JUDICIARY.

luires that the Judges of the Supreme and
District Courts shall be elected once in four
years, by the Legislature, aud that their salar-
les shall be but $500 per annum. This pro-
vision, in our opinion, would be enough to
spoil the whole Constitution, however good
the rest might might be. 1t would be like
the dead fly in the compost of spices All
the good which the res, Of the Constitution
might confer, would be more than overbalanc-
ed by the evils arising from this crude pfovis-
ion.
The Office Of Judge differs from all others,
in many important particulars. His duties
must be discharged in some manner. A per-
son may be member of the Legislature. and
perhaps even of Congress, and if he is utterly
unqualified, and really does nothing during his
whole term, perhaps no great injury Will be
done. The Judges duties mast be discharg.
ed by himself alone, and cannot, like those OF
many other Offices, be performed by secretar-
les, deputies, Or with the aid OF cabinets or
advisers. His decisions must be often made
instantly, during the progress OF trial, When
he can have 20 time to inform himself ny
books, even much less to consult the opinions
of others. These decisions are always Of I'M
portance, as we shall! show more fully hereat-
ter. A Judge cannot act wrong, or tail to act
at all, as many other officers can, without al
ways causing immediate and posltiVe INJURY
and that, too, often Of the most serious CHAR
acter. The injury which is irremetlable.-
A wrong decision of a cause in the Court oil
last appeal, is always and entirely so; and
wrong decision in an inferior Court is gener-
ally so, because cases are seldom taken TO the
Supreme Court, and ii they are, and the decl-
sion Of the interior court is reversed, the de-
Law and expense of such proceeding are OF
ten equivalent to total denial OF justice
The Office of Justice requires, more than any
other in State government, strong native tai
ent. cultivated and wel-stored mind, great
experience Of the world, strict integrity, and
the most pro,racted and unwearled labor. Ii
is, indeed, by far the most important station
in a State Government.
If a person has spent three years at an AGA
DENY, four years at College, and three years
| q, the study of laval Of the time at an eS-
| pense Of $500 per year-he is not too well
| nualifed 10 commence business as Attorney.
| For number of the first years OF his practice,
he will do remarkably well fhe supports him
self. and after he has practlccd ten years, even
with more than ordinary aP?!iea'ion aad sue
cess, he would he entirely too young for {
Judge--much younger than large majority
of those who are appointed in the Eastern
States. Here, then, is an apprenticeship o
twenty years, the larger potion OF the time
great expense.
Consider for moment the duties OF Judge
The Judge of this dis,ric. is actually occupied
in the Court House a. the present time at leas
four months in a year, while the rest OF hi
time is employed in deciding causes submit
ted to him aud doing what is called Chambe
business. But if a witness or juror is com
oelled to attend Court for week, he Is com
ple,eIy tired, often, almost sick, although h
can 60 in and out when he pleases, and ha
no care upon his mind. How different wou
the case be were he obliged TO sit in one pos
i,ion day after day, and continually to decld
new and perplexing questions, when too, up
on the correctness of such decisions, depend
ed the interests, the property. the liberty an
sometimes the lives of the parties concerned
There is no labor so severe as that OF tn
Judoe, No man who has not strong const
tuition can discharge the duties, anG man
such. after few years service upon the beuc
t have been compelled to retire with Impalre
. health.
The EXPENSES of holding Court, countin
the value Of the time of those who attend,
not less than $500 per day. Now some JUDI
g will despatch more business IN Weel
n Than others will in two, and do ii equally we
u -so that Judge of the former class, actuall
/ saves 10 the community $500 every day IN
i he holds Court. What object would ie
: hundred dollars in the salary of a Judge be,
:. thereby YOU secure one of the former, instef
= If one Of the latter class2 And what miser
.. BILE economy would it not be, 10 cut down Il
r salary a few hundred dollars and thereby 6
one of the latter class! Judge cannot mai
d an error in decision Of the slightest impo
L. lance even granting or refusing mo'ioh
continuance, which VIII not COST Inc pa'u
= more than all their extra tax they would ha'
to pay during their lives, 70 give 'he JUDGES
decent instead of a niggardly salary. b
,hese are minor considerations. Reflect
= yourselves how many thousands ofdollars
y nuallv turn upon the decision Of Judges, bo
y the reputation and liberty of any individual
+ The community may be affected by eroneo
~ decisions. in short that the peace and good {
n der of society depends entirely upon the &C
h rect administration Of justice.
,g Twill cos, Judge at least $500 year
n ,ravel the circuit and purchase such books
* are necessary TO keep pace with Inc decision els
IL The Judges of Iowa VIII 'hen nave sovo vi
H. which to support themselves aud iama'ies =
s. Is his economy, or policy, or Justice! n
re !, IS neither. 1t is gross extravaganza, pI
= pos,erous folly and downright injustice. nc
$. many clerks, jonrneymen' farmers' ana 10
~ of ali classes are there who receive more III
:. $500 for their services If then it requi'
,s sucb long and expensive apprenticeship
" f, one 10 be Judge, and even after all IN
hut few are qualified in health. industry a
abilitv for the station, if the duties are so
: borious and important, what propriety is tn.
D in fixing SO niggardly compensation! /
consequence will be that the People Of To-
at will have fourth rate lawyers for Judges, a
ne miserable courts, the greatest of all ours
or with which a community san be scOurged.