The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-04-10
From the Ohio Patriot
Our Common Pleas and District
- Courts.

"a
II there is country in the. world where the
l people want the worst judicial system possible
under the ciyiization OF the nineteenth century,
We could not give them better advice than to
follow tho example of Ohio. For here we have
a Judge elected by the people to preside over
the law suits Of both enemies and friends in the
Common Pleas Courts, and with three others OF
the same sort to hold an Appellate Court, where
they are almost sure to sustain one anelher's ru-
| lings below. And what is still worse, the Bench
| is filed with young men whomake it astepping
stone for political advantage:and who have more
Anxiety about what effect charges and decisions
will have on their career Of ambition. than about
those charges and decisions being right. We
are willing TO allow that our Judges represent
q fair average of the integrity Of the bar but we
can easily SEQ how yet higher integrity could
be warped ed--consciously and unconsciOusly--by
such temptations of fdyorItism to friends, and
such alluremen s Of SELF advancement. In all
systems ofcourts there must beSome imperec-
ton, and in many cases injustice will follow
from the rigid rules OF law. And on the prin
ciple that the great object ofdecisions is rather
to put an end to controversy than have the deci-
sion right we could submit with grace to the
preSentregime if salutary changes could not be
easily effected. Two ends are to be looked al
ter. In the first place, we should have the best
men for the office, and next, he should be reno
we'd as ar as po 'sible from political and popular
Influences. An election by the people will gen
orally secure the most ability and integrity in
the public officer We prefer it to appointment
Fby the Governor, election by the Legislature,
or any other method. But the difficulty is in
getting the first rate material to Offer This
can be done by increasing the salaries, diminish
ling the number of judges, and disconnecting
them with the Bistrict Courts. Judges now
work SIX months in ell. Two months are spent
in the District Court. For this they get fifteen
hundred dollars year. lf they would devote
ten months to Common Pleas Courts the mum.
Der might be reduced so as to make salary ot
two thousand dollars year less burden on
the State than fifteeo hundred dollars is under
the present arrangement. Another gain could
be madeby Sbolishing second trials. A good
portion the time of Courts is taken up by
these second trials and no bsneft results ex
, cept TO those interested IN an increase of costs
But the main proposition after all, is to get the
Courts beyond the reach Of the people who e.
lected them, which can be accomplished by SEN
ding them out oftheir own districts. Let nc
Judge be allowed 10 preside in any county
where he received votes, and then his undivided
and unbiased force will he given to securing the
q rl5HtS OF paTlleS. NelLhef SB0ulu ne De allow
> cd to sit in the District Court where he will be
! attorney for his own decisions below: The Dis
= trlct Court should be composed of'two Judges
! of the Supreme Court who could finally dis
: pose Of great many cases that now go to Couit
/ in bank, and swell the volume ofreportS beyond
reasonable bounds. If there are not now enough
e Supreme Judges to accomplish this,tw or three
\ could be added to their numbeL.
. Another evil Of our judicial system and pop
ular elections arises from the fact that all tht
+ officers Of Court belong to the same political par
il ty. We think the Clerk and sheriff should b.
6 selected from opposite parties, and then polite
: would have little or nothing to do with law suits
e The spos are legitimate punder in all office
except judicial and those Immediately connected
, with the Judiciary. If we want to preserve Re
n publican government IN is purity and integrity
3 we must adopt some system TO get politics offth
70 Bench. five do not, its corruption finally wi
4 destroy the safety of the people, and max
II mans legal rights depend--not on the cterna
n principles of justice, not en- the well settle
4 rules of law md custom but on his belief as t
= the policy Of the government. The issue mad
+ will be- not what his rights are but what part
he belongs to, and how many votes he is worth