Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1866-12-06
To Hon. Judge Cummins.


possesses, to oppless an officer of his court
IS so universally understood, that there is ev
cry inducement TO member of the Bar, Il
seek to preserve terms of amity with the iudg,
before whom he practices. But, when tina
judge shall, by constant series of rulings
and, by a persistent course Of conduct, show
a constant bias, and settled purpose tt
pursue, an attorney of his court, with ad
verse rulings without regard TO jus ice Oh
law, then even prudence requires silence. -
Such is the position in which the writer o.
this, and many other members of the Bal
of this county, feel you have by your con
duct placed them.
The objectsof this is, therefore, not to vim
dictate our rights or those of sutors, which
you have Outraged and disregarded, but to
hold up to you biographical mirror oil
yonr brief but inglorious career. This shall
do in the belief that whatever may be your
moral obliquIties, Or your perverse ignorance
in regard to the duties of your position
Your knowledge that you possess no tenors
10 prevent their exposure to the centure and
| Indignation of your fellow men, will cause
you more carefully to conceal the former,
and more diligently to endeavor to remove
the latter. II we are to be inflicted in the
future with your Judicial services, this "a
consumation most devoutly to be wished"
and however much confidence we may have in
your effronteiy, you must indeed be a mental
and moral Isus nature if you have no re-
gard for this tribunal before whom you must
be alaiened. And, do not think that be-
cause you have been loisted upon the people
as judge without their consent, land you
must know that not one inhabitant of your
district ever desired you as such, or would
now desire your continuance, unless some
you have so signally favored by the prosti-
tuition of your judicial functions) that you
cannot long hold your position in defiance
of public opinion. That ''all power is in
herent in the people" is becoming maxim
that Kings acknowledge. 1t was by igno-
rance of that maxim that Chales l. lost his
head. As young man of little experience,
the maxim is worthy of your consideration.
When you first appeared among us, your ap-
parent modesty, and want OF legal acquir-
ments, won for you sympathy. Your occa-
sional extraordinary constructions and rul-
ings, were charitably attributed 70 your igno-
rance, which it was hoped experience in
measure might correct, though none were
from your worthy ancestors that peculiar
cast OF intellect known as Judicial mind.
You past through your maiden term with
out positive discredit and received the cour-
tesy of the Bar in a Complementary supper.
With this favorable omen, you departed
and returned to hold your second term
Your reception was such as should have
been highly gratifying to young man of
pure ambition and ingenious mind. You
were just entering upon the proud position.
which you were to assist in laying the
foundations of the jurisprudence of great
future State. Your opportunity was that Of
ranging your name, in new growing empire,
with the fathers of jurisprudence in other
States. Your ambition should have been
to have rivaled them, and by the amplitude
OF your researches, by the justice ofyour con-
illusions, but above all, by the answering
and unbiased honesty and impartialy of
your conduct and judgements to have mega
tived the possibility of the presumption of
favoritism, and to have fixed your decisions
on the sure foundations of impartial justice
A field OF fame was opened to you, but, alas
you were not susceptible of this "last infrm-
ity of noble mind" Your "infrmities"
proven W ue all Vi duObHer character. De-
sire to treat you with courtesy caused you to
be invited, and you became the guest of the
Bar, very nearly unanimous, save those whom
you have so signally favored. You COM
menced your term under the most favorable
auspices. will pass over those little pueril-
tiles exhibited at the outset, and during the
term, such as sustaining motion to strike
out a complaint because the initials of the
Plaintiffs name were given, instead of the
entire christian name-as being as much be-
meath my notice as they should have been
beneath yours They argue simply a mar
rowness of mind. incapable of con- lehend
ing the statute, that YIhe court shall in ev
cry stage of action disregard any error, or
defect in pleading, which shall not affect the
substantial rights of parties, ~ Though the
above instance is neither ddefect" nor
'error. Your modesty had forsaken you.
You returned to us oppressed with the "in-
solvence of Office" You seemed 10 endeavor
to conceal those defects of understanding
and judicial acquirments apparent to all, and
Of which you could not but be conscious, I'M
der cloak of judicial hauteur-- You seemed
determined to make conquest of dignity by
force of power The sterotyped-expression