The New York herald., 1873-09-30
Views of Eminent Legal Lights Of
Western Pennsylvania.
General Agreement as to the Character and
Abilities Of the Chief Judge.
LAW BEFORE POLITICS.


OF u CnleI JuBtlce OF tn0 united Stdtes Tue morc
animated becomes the discussion in relation to 1t
and the more reckless the speculation as to the per-
son who will be selected to fill this very responsible
position. The judicial mind especially Is worried
In unsuccessful attempts to answer correctly this
perplexing riddle, and the inference is there will
be joy on earth when, alter all have given 1t up.
the President himself will condescend to give the
correct answer. However widely the views OF
judges, lawyers and other prominent men. whose
opinions are not tainted by party preju-
dices In this end OF the State OF Penn
sylvania, may differ as to the fttest man for the
Chief ustceship, yet they are OF one mind as to
the unntness OF Senator Conking for this, the
highest once within the gift Of the Chief Magis
trate. One who has gained distinction as pub
lie man through political machination is deemed
by eminent jursts as being utterly unfit to occupy
the Chief Justices chair, and President Grant is
accredited with having such good sense that the
appOin ntment OF such person is not apprehended
The judiciary should be as pure as possible. A law
yer and right good one appears to be the univer-
sal sentiment OF the bar. With view OF ascertain
ing the feelings OF the judges Of this district in
respect to the appointment OF the Chief Justice
your correspondent visited number OF them, and
below gives their views substantially as expressed
in the conversation that was had about this mat
ter.
JUDGE EDWIN II. STOWE.
| ran across Judge Stowe Just as Court adjourned
for the day, and met him on the threshold as he
was leaving for home. "AsA me any question in
criminal law you have mind to-" said the Judge,
''but cordially am not able to express an opinron
as to the fttest person for the position OF Chief
Justice. The is never gave the matter that
much thought to warrant me In expressing any
sort OF an intelligent oplnion. don't know any
thing of the men that aspire to the station, but
t1A Irxynn ,ttxaI Iano Afnt
be emnenty worthy TO properly I'LL this high posi-
tiOn. am good republican, and, OF course, am
desirous that one who favored the crushing Of the
rebellion be appointed, and furthermore one who
is good lawyer and a poor politician.
CORREsPONDENT-Do you not favor the appoint
ment from the Supreme Bench
Judge STowE-l know very little about those
that comprise the Supreme Bench Judge Strong
is very worthy man, an excellent lawyer, and
perhaps would give universal satisfaction; but of
the other gentlemen mentioned in this connection
know little that don't feel justified in making
assertions regarding their fitness or unftness for
the position Of Chief Justice. However, read
with much interest the opinions of the prominent
lawyers OF the country as published in the HERALD
in relation to the Chief Justiccship
JUDGE THOMAS MELLON.
Judge Mellon, an eminent jurist and thorough
gentleman, received your correspondent with cor
dialty and intimated his willingness to answer
any question bearing on the Chief justicesblp in
"judge Agnew, OF the Supreme Bench Of this
State,' said the Judge, is my man. know sew
ineligible by their politics. He is . lawyer; yes,
sir, ana something more. Judge should be
should be student of organized society, or civil
government He should have mind comprehen-
GRIN as t to the % eject % and inuence Of appar
emily contracting legal principles on cases for de-
csion. Judge Agnew display ed these qualities in
his opinion In the Washington avenue case re-
Gently decided. He shows clear apprehension OF
constitutional principles, and this is great quail
ity which the people are beginning to perceive is
vate rights are ignored or lrittered away by
har.spltting construction whenever they come
In conflict with corrupt schemes clothed in the
fashionable folds OF special legislation. We all ad-
mire the Judge who is bold enough to brush away
these 1imsy covers of corruption, fabricated by
municipal and State rings to enrich themselves
but they are the judges OF the lew who can hit
principles which have become obsolete by changes
of circumstances. For instance, special legislation
Is allowed to run not out OF respect due from one
coordinate branch OF the government TO another,
thus treating the vagaries, which the reckless and
thoughtess mobs galvanized into law in our state
and city Legislatures, with the same respect as II
acts OF Parliament or articles OF the constitution.
We don't want the judges to encroach ON the
sphere OF the legislature but we want them not to
let the legislature encroach on the judiciary, or
upon the rights and liberties OF the citizen. We
don't want such decisions as Judge Strong joined
in making. in regard to god contracts and legal
tenders decision which shocks the legal percep-
ton Of laymen as well as lawyers. The procllviues
does not take stand for the people our liberties are
gone. What use are constitutions II their provi-
slOns are explained away by those in favor OF the
enterprise and progress OF
RINGS AND MONoPOLIEsf
The whole blame lies at the door OF the judiciary;
because they are educated men, educated in the
principles Of law and civil rights whilst our law
making powers are generally The reverse and an an
judiciary construe 1t to be. 1t depends all on con-
struction
CoRREsPoNDENT-In your opinion, should the ap-
pointment be made from the Supreme bench'
Judge MELLoN-There is NO reason whatever for
man for the place IS found there.
CORRESPONDENTS an extensive knowledge OF
politics essential for the proper discharge Of the
Judge MELLoN-He should be intimate with the
writings OF Webster Calhoun, Clay and Jefferson,
and also those OF such men as John Stuart Mill and
Sir Herbert Spencer so far as they relate to poll
tics; but politician IN the common popular
meaning Of the term should never be placed on the
bench.
CORRESPONDENCE has been stated that the
Executive has already concluded to appoint Mr..
Conkng to the CHIEF Justiceship Do you think 1T
possible, in the face OF so much opposition to the
man as has been manifested by the leading lawyers
Judge MELLoN-Yes think it possible because
II Mr.. COnklinR suits President Grants purposes
yers think or regard their oppostion Black, see,
has been alluded to in connection with the Chief
Justiceship. He wouldn't 90; he iaied to show an
Judges LOurie and Davis in the great Sharpless
The evil effects OF that decision on the coun-
try, rendering a constitutional amendment neces-
sary to set 1t right, shows the Importance OF an
able Court.
JUDGE MOSES II. HAMPTON.
found Judge Hampton at his country residence
In Williamsburg, walking In the shade OF sngularly
straight rows OF young maple trees that extend Tor
a long distance in front OF his elegant mansion at
this suburban place. l explained my errand
thither, and then he commenced thinking
whether IL would be good policy on his part
to express an opinion for publication In q wide
spread newspaper on matter In which he was not
concerned. His face frightened up finally and as
that Judge strong, OF the supreme Bench, was his
choice for the Chief Justceship.
"You see,n remarked the Judge, ~ was four
years in congress with this gen tleman and know
him like book. 1t is not through personal friend
ship that would prefer TO see the Executive ap-
point him over others, but he is eminent
scholar, safe. sound and judcious lawyer and an
honest upright man.
/ would have the appointment made from the
Supreme Bench,v continued the Judge, "because