New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-15
DE1D-HEdD JUDGES.

An incredible controversy Is going on
in Vermont. The question is whether it is
proper and justifable for the Judges of the
Supreme Court to receive free passes from the
different railway companies in the State. For
years. it appears, these Judges have been in
the habit of accepting these gifts. Now that
the matter is under discussion, in connection
with the affairs of the Vermont Central road,
o newspaper comes to the defense Of the
practice with an argument the point of
which honest men will hardly be able
to see. 1t urges that these Supreme
Judges have miserable, contemplate
"stipcnds THAT ait is sufficiently difficult
undertaking for them to exc out respecta-
"ble and comfortable support for themselves
"without charging them with being used
"and allowing pass to bias their Judgment
"because by using one they can save some
ching of their misery salary, with which to
"clothe and feed their families" 1.-THE answer
to this wretched sophistry, which no man
would use who in the least comprehended and
respected the dignity and the purity of the
judicial Office, is that if the stipends of the
Vermont Judges are not sufficiently large it is
not the business of the railway companies to
increase them. 1t must be confessed that the
salary (s2,5OO), with no allowance for travelling
expenses, is decidedly meager; but it is for the
State and not for corporations which almost
inevitably must become litigants, to make up
the deficiency.
Great stress is laid upon the small value Of
the gifts received by the Vermont Judges. 1t
is hardly necessary for us to say to readers of
ordinary intelligence, that the amount makes
no difference whatever. 1t is estimated that
the passes issued by the Vermont Central
Railway to the Judges amount to less than
81 900 year. But if they may receive $1,000,
they may receive $100,000-the error and the
danger are in receiving at all. If they do not
take money, they at least take moneys worth.
Morally the acceptance of passes is equiva-
lent to the acceptance of their value in bank
notes. Nor is there any reason why such q
compliment should be paid to judicial officers.
What, pray, are they to give Tin return
Passes extended to newspaper men may be
paid for in puffs, if journalists are will
ing so far to degrade themselves as to
accept such dubious and dirty retainers; but
what can Judge do for a railway which he
would not be compelled, if he were honest
and unbiased, to do, either in law or in equity,
if the favor had never been shown7 The
question is, whether fair and well-meaning
Judge will be willing to run the risk of bias
and prejudice in favor of generous corpora
ton. When Lord Bacon was found out he
pleaded that, although he took the bride, he
decided against the party who gave it; yet
the extenuatiOn was held rightly to be worth
nothing. A Judge has no business, knowing
the inGrmity of human nature to permit him
self to be tempted. He should comprehend
how subtle may be selfish influences. He
should remcmber the dignity of his calling.
lie should consider that the people have Il
hight 20 tribunals infinitely above suspicion,
and that decisions derive all their force from
ihe public acquiescence In their righteousness.
IL may seem laughable to say that Vermont
Judge would be in the least influenced by a
railway pass and as to some-nay, as TO all of
them-we are willing to believe that they are
not to be lightly suspected of favoritIsm and
corruption But there are Judges who might
be influenced by even petty considerations of
personal profit. Some very small and very
mean men have SAT upon the Bench. They
Lad 10 business there, but there they were.
They may have rcA,Ined interrupted because
they never were tempted or because they
feared detection; but they might have been of
bolder temperament; and III such case they
must have fallen.
No: we are satisfied that the rule cannot be
made too narrow, and, when 80 made, that 1T
cannot bo too rigidly observed; for the least
laxity 10 daureroa IS and likely 10 lead " some