The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-07-15
Circuit Judges on the Supreme Bench.

Circuit judges on the supreme Bench
Elsewhere in this paper will be found
an article from the pen of 4 well known
legal gentleman OF this State, in regard
to the authority of our Circuit Judges
TO act in the COurt of Appeals. The
discussion of this subject is fraught
with considerable interest, because OF
it's general Importance to htigants and
members of the legal profession, and be.
canse of the very evident abuses that,
nnder the prevailing usage, may arise
from the permanent physical disability
OF II Supreme Judge.
We regard the position Of our cores
pondent as we'll taken. If the opposite
doctrine prevail, then We may never
have cases of appeal determined by the
men who have been selected for that
purpose. In periods like the recent
past, when neavy responsibilities ut
tached 20 the decision of vital questions,
the Supreme Judges will be pure indeed
if they do not, ut times, permit ambi-
tious interiors to assume the liabilities
which may result from judicial delIv-
erances, while the superior dignitaries
neither interpret the law nor stand ac-
countable to public .pinion for the
interpretations of their substitutes. In
plain words, ii bodily ailments are to
Justify the exchange of the Supreme for
the Circuit Judge, then the uniformity
and permauence of justice will depend
To great extent upon the sanitary con-
uitiun of the higher judiciary. The
sravest constitutional questions may be
regulated entirely by the operations OF
the judicial stomach; the crudest legal
constructions Xiay be referred to fit OF
Indigestion which vacates seat upon the
Supreme Bench, and that which in its
effect upon the State and people has to-
day the power and authority of majes-
lie law, may be the mere sequel to the
green corn or new potatoes that yester-
day disturbed the equanimity of the
iuridical bowels.
Under the practice which has
heretofore obtained of supplying
from the lower Courts the vacant
places OF ailing Supreme Judges,
we are liable at any time to suffer the
saddest consequences. The worthy and
useful Circuit Judges will have too
much self-respect to seek to supply Oe-
curing vacancies, while the inexpe-
rienced ninny hammers of the bench,
will, at each session of the Csurt of
Appeals, officiously pos. to the Capital,
and anxiously await the rheumatic god
send, or dyspeptic windfall that shall
give them an opportunityto display their
skill in jurisprudence. 1t is not neces'
sary to dwell upon the inevitable re-
suit.
Our correspondent has referred to the
case of Mr.. Price of Greenbrier, aud we
pow recur to il, not as illustrating what
We have said, but as showing that, un-
der the usage we condemn, the very
purpose of Court Of Appeals may be
tbwarted. We are advised that Cir
cult Judge, who sat upon the Supreme
Bench when the validity of the Law
yers' Test Oath was under considera-
ton, had previously decided the ques-
ton in his own Court. Under such cir
cumstauces, the transfer of n cause from
one tribunal to the other Is mere
mockery and sham. 1t is not even an
appeal "from Philip drunk to Philip
sober" "Pkilip" remains in stdtu quo, and
the TEMPORARY occupant of the Supreme
Bench can hardly be expected to write
himself down an ass by reversing his
own decision. We believe this subject
TO be worthy of the consideration of the
bench and the bar.