The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-06-13
CHIEF JUsr1cEsHrP OF ILLINOIS

Under the first Constitution of Illinois.
adopted in 1878, the Supreme Court con.
sisted Of one Chief Justice and two associ.
ate Judges, appointed by the Governor
and confirmed by the Senate. Under the
Constitution adopted thirty years later the
Supreme Court consisted Of three Judges,
each elected by division Tor district, as
we now term it,. At the outset the Judge
having the longest term TO serve was the
Chief Justice, and thereafter the one hav.
ing the shortest term, or the oldest com
mission. twas under that rule that Judge
Lawrence became Chief Justice The new
Constitution OF 1870 has made a change in
this particular The general impression
that the senior member of the court will
necessarily be the Chief Justice is u mis-
take. The constitution says that after the
expiration OF the term for which the Judge
then presiding over the court should ex
pire, the Judges shall choose one of their
number Chief Justice"
IL il not nc all certain who will be hon
ored with the supremacy. Ofcourse neither
OF the two new Judges will be promoted.
That would be manifest slight of their
official seniors, Judge Walker holds the
oldest commission Of any Of the seven, if
we mistake not, but he is lacking in many
OF the essential qualifications for the place.
Judge Breese Is Of all others the man for
the post, unless his great age makes him
shrink from its increased labor and respon-
sibllity He will be 70 years old in
month or 50. He appears at least twenty
years younger lie has been on the Bench
between twenty and thirty years, and
large part Of the time as Chief Justice, He
is known 20 the entire profession of the
country as the author of some ofthe ablest,
clearest and most authoritative decisions
ever promulgated by the American Bench
This may sound like fattery to the gener.
al public, but the legal profession will see
m II only just recognition Of the rank
Judge Breese holds among modern jurists.
1t makes but little difference who is
Chief Justice In rendering decisions the
Judges have equal authority. Their nc
tual powers are coordinate, only for the
honor OF the Ohieiship, one must generally
pay by writing out good deal more than
one -seYenth OF the opinions Of the court.
Such, at least, has been the practice in this
State Judge Breese thinks he has done
his share Of thai kind of work, and Judge
Walker is not gifted that way but then,
the arguments OF counsel often form the
groundwork cf the decision Take, for ex-
ample, the Chicago, Alton 4 st. Louis
Railroad case. The opinion Of Judge
Lawrence was little more than the repet- !
ton OF the arguments Of Beckwith, Aver
x kales, attorneys for the railroad. We
do not object to the use Of legal arguments !
IN the preparation Of judicial opinions. IL I,
- presumable that the argument made on |
the winning side was in the main correct |
according 10 the estimate of the court.
II Is desirable that all the ill-feeling bred
by the late Judicial election should speedily
die out. The new Chief Justice, whoever |
he may be, should be approved or con-
demded solely upon his record in that posi-
ton. - Chicago journal.