The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1875-09-04
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are many who think as he did On III
subject. There ARE may who ha'
bowels of compassion for the peopl
aud who, II they had the means, won
prefer taking n support from their pr
vate fortunes tO taking II from Il
scant subsistence OF those who In rci'
ity bear all the burdens of the Stat
Ii IL worthy OF note that II II the rare
thing for an official, living upon
small salary, 10 become n defaultcr, {
to he guilty of peculati0n. On I'll
other hand, when the salary ls suil
ciently large 10 tempt cupidity an
invite competition, there are alway
found those who invest in the chance
of the Office. They spend money Il
electioneering for the party, or bestON
gifts upon the source Of power, or upol
those who have influence. They dra,
in advance upon the resources of tn
office, and often acquire, in the rae
for office, habits OF idleness and luxury
If they succeed in their object, the.
must repay the obligations incurred
and crafty the tastes acquired. Oitei
this requires more than the official in
come, however large. The conse
Quence is that n career of fraud ant
peculatiOn Is commenced, to end II
public disgrace, unless the party hai
stolen enough to buy the verdict of ,
legislative committee, or hire the pei
OF reporters and interviewers.
Our judges have now too little to do,
and are much too largely paid. In
reference to their labOrs | don't speak
of the Supreme Judges, who, while they
are migratory, perhaps have arduous
duties to perform. They should be sta
tionary. There should be but one
place of holding the Supreme Court.
The State should provide comfortable
homes for tie Judges at THAT place, and
require them to reside there during
their term of Office. A suitable library
should be provided, with study for
each Judge in the library building.
Every one in the habit of consulting
authorities knows what uh aid ianil-
iarity even with the location of books
on the shelves must be to an indus
trious aud careful jul,,. Ifths judges
were stationary they would always
know what authorities were ut hand
without inquiry or search. These are
not small matters. They consume
time and cause distraction of thoughts.
If the judges were stationary, all the
time lost in travel would Oe saved.
With this simple change, recommended
both by economy to the State and to
the judges, they could dispatch twice
the business now performed and do il
better. Their salaries could then be
much diminished, and If such should
be the case, have no idea that one of
the present judges would resign. If
they did, they could easily be replaced
by better and more competent men, for
no man ever refused II judicial position
on account of the salary, who was fit
for the place, unless he had large
family dependent upon his official in
come. If man is thus encum bered,
it is the result of his own conduct or
and he must accept the
penalty of his own acts. 1t is not for
the State to peovide for the care and
OF an indefinite number
children or dependents, any more than
for depraved or luxurious habits. AS
to supplying judge, according to the
view of PubIiIs, with the means of
hospitality, This is simply absurd. Tin
volues the idea of a variably salary,
according to the taste of
the judge for simplicity or dis
play and splendor. Besides, true hos
pitality is inexpensive, but when con-
founded with vulgar ostentation, its
pecuniary requirements are without
limit.
Publius measures the ability of Il
lawyer by his income from his prac-
tice, and concludes that able men will
not abandon lucrative practice for
less remuneration ON the bench. The
art of "getting on in the world" is an
that affords poor
criterian either of ability or attain
ments. Judged by this criterian, what
poor creatures were the Jeflersons, the
and the Masons, and what
splendid ornaments of their country
the Buffers, the Grants, and the Col
faxes
The qualities of dress, of dexterity, of
aptness in the artificial logic and
of the law, which bring the
largest revenue to the lawyer, are by
no means the qualities that would
adOrn the bench. Adroitness in pack
ing juries and in arOusing and guiding
their prejudlces, although they might
be the means Uf enriching the lawyer
would he far from elevating the judge.
l said, excepting those on the Su-
preme Bench, our judges have too lit
tie to do. This remark should be quail
flied. Memory is the principal quality
of mind requisite to make an apparent
ly learned lawyer. Multitudinous us
are the law books and reports, they
are an endless repetition one of anoth-
er. Go into any courthouse and listen
to the lawyers aud judge growing. their
and iteration after iter-
alton will fill your ears, until, on clos
ing your eyes you might fancy you
were among n parcel of magpies.
When the lawyer has committed to
memory all the black letters of u few
musty law books, that were better as
food for the moth, and is familiar with
the legal forms, in which an idea that
might be expressed in one line, is spun
out by involution, until it might be
supposed that Coke mot Sir Edward)
had written it, he is then accounted a
of legal learning. He Is now
ready for the bench, and probably gets
there If he is sufficiently im6ecite
to be entirely conservative. When q
Judge, his time is very. partially con-
sumed by actual judicial duties. He
neither knows nor seeks to know any
thing of the genius and spirit of the
law. He has neither taste nor capaci-
ty for liberal studies or pursuits
which should consume all the time and
require all the diligence of a
Judge when off his circuit. But this
specimen Judge has too much idle time
on his hands to keep out of mischief.
The consequence is he becomes an ac-
tive polititian and helps to manage the
caucus, the convention aud the lobby.
Perhaps he speculates with tie aDuB-
dance of his salary. He is ready to
become administrator for estates or
trustee for insolvents-anything to
which he is recommended by u power
and influence conferred upon him sole
ly for the public good. He might en-
large his mind by study of the great
masters of truth and justice, and en-
deavor, as Lord Bacon says, to "make
good precedents." But this would re-
quire a devotion and diligence for
which he has no TASTE. He is content
with the political gossip of newspa-
pers, with the last novel, and with
Coke, and Blackstone, and Chitty and
their congeners. No wonder he follows
with the faith of devotee, doubtful OF
evil precedents, and the older the bet
ter for him
Judges and all other officers should
be content with such salary as is the
product ordinarily of industrial pur-
suits. This only is consistent with the
Democratic idea Of government, and
in an elective government, this only
will give to the public serviceable and
patriotic men. The rewards of office
are now SO large that speculative ad-
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