Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-09-25
NO..17.

expense of supporting judiciary should not mainly
be borne by the parties who may have occasion TO
to the courts. True it is that Tor the public
and convenience and every citizen is interes
ted In having justice properly administered. So are
Railroads, Canals and Plankroads matters Of great in
terest the public, aud all vitality and materially
benefited by them: and yet it has been thought Just to
tax those only who actually used them for their support
Besides, if the Judge is to be paid OF the public
treasury, why not pay the Sheriff, Clerk and the
witnesses and lawyers from the same source2 These
officers and persons all, equally with the Judge
necessary TO the business of the courtand yet
the party having their services required TO pay them
Yet why in their than that of the Judge7 If
the principle of paying the Judiciary from the public
treasury, be Of snch vital Importance then from this
rule there should be departure, and yet, for
years past we have had local tribunals in Of our
most populous countless with civil uIisdic
oet,on with the civil court transacting large portion
oil the business within their locality paid wholly by their
suitors Besides we have great many hundreds Of JUS
tces of the peace, who upon any principle would have
the same claim to compensation from the public
ry as the presiding officers in higher They
try and te attendant expenses against the
unsuccessful party including pay for their services,
and the same cause is appealed to the Circuit court and
the State is there made pay the Judge for his labor
Is there any consistency in thsa The truth is that this
whole idea of paying Judges of the pnbc treasury
had its origin, in the old and exploded idea of
independent judiciary.
1t was formerly thought that the presiding officers in
our courts of justice in order be impartial, should be
removed as far possible from any accountability the
people Hence they appointed by the Governor,
and Senate elected by the legislature. In of the
States (and now in General Government the term
OF office was for e 1t is within my own remembrance
since justices Of the peace New York appointed
by the Governor, and this yet the case In several OF
the States
people who should be their Judges perhaps there might
be some reason why the State should pay them. But
now when one part of the old notion of independent
Judiciary has been abandoned let the other 60 with IT.
Say to the people, you may select such for judicial
stations, you chooses they your and i'm
ediaey accountable you, and such of you may have
n0p forf fhor And rrtv
notf When the State appointed them IL paid, and
the people elect let them pay. would lay
litigation IN the shape OF docket fee to be collected
with the costs and paid into the State treasury, which
should create fund substantially sufficient pay the
judciary-any deficiency in that fund he made up
of the general fund. This ii am AIKEN now
substantially the law Of our neehbor Wisconsin, and
there can be no other urged against it, than
long practice TO the contrary. This tax would be quite
small and would hardly be felt by the individual while
the time it would relieve the public treasury,
and the people at large from the payment to an equal
amount
But whatever system may be agreed upon. at all
events judicial officers ought to be paid for their
vices. The people never demanded and do
qure, that our Judges should be starved and kept
haEpay. Our laws may be never wise in their pro-
visions and requirements and yet, if well admins
tered, unless have good in judiciary, and
who feel if they could afford to work for their pay,
there will, alter all, be real reform How IL be
expected that Judge will devote himself the duties
of his Office, when necessity compels him to resort to
other for support2 And it should not be forgot
member of the bar fit for that Office, is by in
considerable.
He should therefore, be entitled not only a mere
support but should be paid to enable him by pro-
dence accumulate something the same II engaged
in other employment True, it may be that enough can
be had to fill the offices the present compensation
and good men too but however good the men may be,
depend upon it the public only gets much Of their
services it pays for In his vacations the true inter-
of the State requires him to be STUDENT and TO In
yestgate such difficult he should take under ad
IN Init he
do He must seek other business TO support himself ant
family, and whether it be farming speculatng in pro-
duce posting books, horse trading, whatever il
may be, the public ought to have that time.
The consequences naturally growing out oil poorly
paid judiciary in Circuit and other courts OF original
iurisdction great careessness decisions
from want OF legal research thus rendering appeals and
writs of error almost of absolute necessity.
We have all been present in courts upon the trial
and argument OF causes where the attorney would either
commence conclude by saying that it OF but little
consequence how the might decide in any event
the would be taken to the Supreme Court; and
that the only question really who should pay Tor
the appeal to all of which, his Honor the Judge. in
delivering his opinion, would most fully assent. Now
all this is about the if the lawyers should say
to the Judge, Sir, know you not and cannot be
qualified decide this case, because you have given no
attention TO legal studies since you have been on the
bench. We submit this cause to you, merely becsnse
compelled TO do and shall regard any decision
which you mar make as perfectly idle, and your court
but stepping stone to superior tribunal, where
justice may be done. As, however: there some ex
through and beyond your jurisdiction, will each try
to escape that" And all this is fully concurred IN by
the court.
Our courts Of original Jurisdiction ought to feel the
same responsibility in every II their decision
final and should be enabled thoroughly TO inves-
gate all doubtful questions which may be Submitted to
them This done, and the confidence OF the people IN
their local tribunals would be such render appeals
and wrts of comparatively for 1t would soon
be found that the of derner resort would sustain
the careful and well considered opinions Of the lower
quite often they reversed and TINS
is saying much. But if good lawyers and dilgent stu
dents have always been needed upon the bench, much
more will their faithful services and undivided time and
attention be required hereafter. An entire new system
of practice when Commissioners have used their
best excrtions effect simplicity, will still call for u
dical construction-requrng, IN Its exercise the NJ
and attention. Severe study, not only oil the
CODE but of the upon which II Is lounded
will require particular acquaintance with the laws
made obsolete thereby in order that the evil INTENDED 10
be remedied may be fully and understood.
In vain will it prove that our people have sustained
the great expense of Conyentian,-or that they shall
still further sustain the by inconsderable ex-
pense of Commissioners and Legislation enact laws
TO carry into effect the many excellent prov OF our
Constitnon,-f after all, through parsmony, the
State far lose sight Of her interests TO
entrust the administration Of the laws in incompetent
hands or, what is the thing, pay those who would
otherwise be competent poorly as TO command but
part OF their services. -.-.~ II ~
But upon this subject enough has been said. We may
keep Judges in rags, and our Governor upon the
mere crumbs that fall from the masters table, hut so
long as this shall continue be done, il will neither add
10 the value Of their services to the honor o the
State f..--.l. -. = fLO"DEN.
From the Plains.
By arrivals from the Plains. during the past week.
Maj Wilson and Hon. K Prichet late Secretary OF