Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-09-23
From the Toledo Blade Sept o.
Independent Candidate for Judge
Common Pleas.


Common Pleas.
We publish to-day correspondence be-
tween some of the citizens of this county
and Charles Kent, ESQ.,, whereby we under
stand that gentleman to become an inde-
pendent candidate for Judge in this district.
So far as the right of these citizens is con-
cerned to solicit of Mr.. Kent to take this
steep, we see no room to doubt-provided
they shall act with due regard to the rights
of others.
We understand this application to Mr..
Kent to be based uponthe following grounds
First-That the judicial office Should be
disconnected from party politics. Second
That new candidate is needed who
possesses "ftness for the place." with the
requisite qualifications, integrity, capacity,
learning and independence" 10 secure to
"lltigants in our courts equal regard and
consideration" and have "railroad compa-
nies and other corporations dealt with the
same as individuals"
As to the removal Of the judiciary from
party politics, we take no exception to the
principle advanced in this correspondence,
and shall heartily second any plan calculat-
ed to effect that object; but we certainly see
no reason to hope that the course here pro-
posed will answer that end. The time and
attendant circumstances are not favorable
to such an attempt; on the contrary, we
think this movement is better calculated to
destroy than to promote, the independence
Of the judiciary.
From the recitation of this correspondence
of the qualifications sought in new candi-
date, of course it is intended to be under
stood that Judge Fitch, the regularly NOM
mated candidate of the Republicans, does
not possess them-that he does not possess
''fitness for the plaee'-that 'all litigants
in his Court" can not obtain 'equal regard
and consideration especially, that
"railroad companies and other corporations"
are not there "dealt with the same as indi-
viduals," DC. With this understanding.
here are serious considerations againstJudee
Fitch, and can only be justified by the most
positive and irrefragable proof. TO produce
such proof however, no attempt is made,
nor are the charges accompanied with the
specifications necessary to an intelligent in
vestigation oftheir truth. They are gener-
eral and by insinuation. Having heretofore
heard the same implications against that
gentleman made in more direct and tanpi-
bic forms, we have taken some pains to in
quire into their truth, of those qualified 10
know, and, with entire respect for the many
respectable citizens thus duplicating Judge
Fitch, we feel free to say that we failed to
find any foundation for them. The charges
would not bear investigation
AS to "ftness for the place." we think We
may challenge the bench of northern Ohio
for man possessing or displaying it in a
higher degree than does Judge Fitch; and. |
we may say, such is the testimony borne by |
the Bar and others throughout the district
and elsewhere, with a unanimity rarely
known. That in the large amount of bus
mess transacted by Judge F. during the
past five years, he should not have made |
many decisions to which attorneys and
clients might take exceptions, and even feel
to be unjust, would be more than reason
could expect from any man. On the other
hand, we all know something of the tenaci-
ty of the human mind for its own opinions,
and reluctance to yield positions once taken,
when strengthened by selfinter-
est and We see no reason for making mem
bers of the Bar and litigants exceptions to
his rule. But we think it safe to say, that
Turing Judge Fitch's term, less number of
tis decisions hare been reversed Jy higher
than any other Judge IN Ills sec
ion of the State, doing The same amount of
qlsiness. Attorneys are not backward in
appealing from decisions they deem wrong,
yhere there is any hope of reversal We /
egard the very small number Of appeals
AIKEN and tho almost uniform confirmation
{ Judge Fitch's rulings in cases Of appeal, y
5 the very best possible proofof bis "fitness
'r the place" as regards either "integrity,
apacity, learning or independence"
The implied charge Of partiality in re- /