The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-22
Tennre of Oaice for Jndges.

leuuIO Ol OhlCt lOE
THE admirable letter of Chief Justice Wood
ward, declining a denomination for the posi-
ton that be now holds, contains some very
excellent suggestions in regard to toe tenure
of office. The common opinion is that the
longer Judge has been upon the bench the
abler and wiser he becomes, so that the mere
fact that the term of office Of our Supreme
Court Judges is fifteen years, is a strong
argument in many mems minds in favor
of the denomination of any incumbent
who has given general satisfaction in
the performance of his duties. But
Judge Woodward gives it as his opinion,
based upon an observation OF many years,
that the public loses more by the ;nfrnea-
ties of advancing age, and the perfanCtory
routine into aohich judges fall, than Is gained
by Iona experience" Hence, Judge Wood
ward concludes that, in reference to the
reelection of a judge, "the question of the
renewal Of the lease ought to be considered,
not so much in respect to present quaIi6cG-
tons, as to continued competency" If his
faculties fail not, "the tendency Of Tong con-
hnuGnce in office Is to careless habits Of
study and business"
We regard these views as eminently sound
and timely. A Judge should always be a
man in the full vigor Of his mind. While the
principles of jurisprudence may be regarded
as in great measure fixed, yet their appica-
tion to the numberless cases that arise in the
daily affairs of men is a matter constantly
demanding the exercise Of the highest tacul-
ties of the intellect In rare cases, vigor of
mind appears to survive the gradual decay OF
the bodily powers attendant upon old age;
but in the vast majority Of instances, sufficient
to thoroughly establish the rule, the mind
sympathlzes with the body, and fails with it.
The capacity tor patient and protracted
thought grows less; the power of close
analysis and careful discrimination becomes
diminished; even the memory grows weak,
and the whole tone Of the mind is impaired.
1t is evident that a man in such condition
is not capable OF graphing with the great
questions which are liable at all times to come
before the bench for settlement.
Then there comes up the danger to which
Judge Woodward ailudes, even in cases
where the faculties do not tail, OF careless
habits of study and business" and the "per-
functory routine" into which judges fall.
This is a grave evil, and one which there is
every reason to believe prevails to Il very
great extent. The great tendency with men
in all professions is to deteriorlte, Or at least
not to advance after middle life. They con-
tent themselves with past studies, and lose
that thirst Tor knowledge, that acquisitive
desire of the mind, which may have charac-
terized Their earlier years. Great scholars
guard against this by new and varied studies
which put their minds upon the stretch.
Great statesmen are oftentimes held UP by
the exgencies of public alflirs, which tax
their powers to the utmost. But the JUDGE
on the bench is peculiarly liable to this
habit of Incidence. He lacks the stimulus
possessed by the advocate who has his cause
to gain. The temptation to careless, per-
functory habit is strong; and instead of an
original and critical examination of the cases
before him, he deiers almost wholly to pre-
cedent, and becomes retailer of other mems
opinions rather than an originator of his
own.
We think that the cause of Justice, and the
true interests of the law itself, would be sub
served by making judges ineligible to re-elec-
ton where their terms of Office are as long
as In this state; and by fixing limit of age
in the case OF those holding, like United
States judges, during good behavior.
The opinion of a jurist like Judge Wood
ward, who retires in the full vigor OF his
powers, must carry with it great weight, and
we hope his example in this respect will
become precedent for those who may sue
ceed him.
The definite declination of Judge Wood
ward renders the election OF some new man
necessary next fall. We trust that both
parties will select able and wel-qualifled candi-
dates, so that the present high character of
the judiciary OF the State may be we'll main
tanned.
Something Peculiar in Reade's ''MasteT-