The Portland daily press., 1875-03-20
The JudgeShip

re-appointed even if his health permitted,
having passed the age which the constitution
| specifies as the limit for justices of the Su-
preme Court. For many years he has filled
the honorable and responsible position, with
distinguished ability and conspicuous fidelity.
Several lawyers of ability have been recon-
mended by the bars of their respective coun-
| ties for the position, against whom nothing
| can be urged on personal grounds. 1t see ms,
| however, that the question of locality is one
which should be considered; and if the ap-
.pointment is to turn on this question, Port
land may well consider that its claims are
not second to any other section Of the State.
| During the past twenty years Bangor has
| had three of the justices while Portland the
| greater part of the time and sometimes has
been without resident judge.
Locality, as an argument for an appoint
ment of this character is only valid, so far as
it affects the local requirements of the courts.
At this point, for instance, there large
amount of commercial business which re-
quires judge who has been conversant with
the law and practice in that department; and
lOT Gudt TGdSOu dlOuC, idWJCl WIZ hoo OSSh
familiar with it for years, is most desirable.
In addition to this, the time of one justice is
sufficiently taxed by business in chambers in
this city, rendering the necessity of another
resident justice more pressing than at any
other point.
Realizing this necessity, the Cumberland
bar, with entire unanimity, has petitioned for
the appointment of one of its leading mem
bers, SEwALL G. STRoUT ESQ.,, who has
been in active practice in this city for nearly
twenty-five years. Mr.. Strout is a gentleman
of high character, wide experience and the
unanimous endorsement oftan able and dis
eliminating bar. without his solicitation, is
the most ample guarantee of his eminent
qualifications and legal attainments. In ad-
dition 10 this, Mr.. Strout is .singularly free
frem those pecuiarities of mind and judgment
which unfit, to a certain extent, otherwise
able lawyers for the bench.
We are aware that many Of our political
associates declare, with some vehemence,
that the Executive should not appoint JUS
tice from his political opponents. In general
We admit the correctness of party appoint
ments, but the Judiciary of state should
not he made up from partisan standpoint.
Even in New Hampshire, neither political
party has done this, and there is every rea-
son why an able lawyer and upright man
should not be counted out because he fails to
entertain the same political views as thu
party of the Executive making the appoint
ment. Mr.. Strout is not Objectionable on
political grounds from the fact that he is not
partisan. True, he is classed as a Demo-
crat, and usually votes with that party,
though he frequently forgets the regular
nominations, as was the case in 1873, when
he voted for Mr.. Williams for Governor. We
trust that Governor Dingley, in making the
nomination, will fully consider the points
here briefly stated, and give them the con-
sideration we think to be due them.
IT may be out of order to criticise the YER
dict of jury of twelve good men and true in
our own midst, but there was. .one rendered in
the Superior Court Thursday so manifestly
against common sense that we feel at liberty
to call attention to it. We refer to that case
in which verdict of $500 was rendered
against the city of Portland for damages for
injuries which resulted, as the plaintiffclaims,
in the death Of a lady. Now if the jury was
satisfied that the plaintiff proved such a fact,
the award they made, is simply ridiculous,
since it places the value of human life at
$500. 1t is more probable, however, that
the jury concluded that the accident was not
chargeable to the neglect of the city but rath-
er to driving cf those who met with the acci-
dent, but as thirty thousand people would
not feel the expenses of the suit, it was
agreed to give the plaintiff sufficient to pay
his costs. In other words. had it been case
of one man against another, the verdict would
have been returned for the respondent.
This tendency of jurors to do injustice to cit
les is so well confirmed that our officials have
long ago decided that it is more economical
to settle unjust claims for small sum, rather
than to go into court where a large verdic: is
a certainty against law and evidence. Il is
said that the verdict of the average jury is
very much like decision made upon game
of chance. But when cities and other corpo-
rations are party there is too often not even
this pleasant deusion that they have the
ever chance of dice-shake. We have been
| impeIIed to make these remarks because such
verdicts as the above, are bringing juries and
courts into contempt, and because it is high
time that jurors are made to believe that they
are under oath to return verdicts in accord
ance with the law and evidence.
In the French Assembly Thursday, mo-
ton to adjourn to-day until May was adopt
ed, and provision was made for the appoint
ment of permanent committee of twenty
deputies to sit during the recess. a motion
| that the senate hold its sessions in Versailles
was debated. M. Brisson, radical member
for the department of the Seine, made a
strong appeal for the restoration of Paris to
its position as the capital of France, but the
motion was adopted by vote of 81 yeas TO
312 nays. The proposition to suspend the
supplementary elections to fill vacancies in
| the Assembly was introduced and referred TO