The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-09-30
'ASSAILING THE COURTS.

~ 90 Aooh4A4No AA6 N0OAAbs IL
Nothing is easier than assailing the in
tegrity Of judge, accusing him of cor
ruption Or gross partisanshp, or charging
him with ignorance of the law. Ii is easy,
because parties to litigation profess to be-
ieve in the justice of their cause and can
only see corruption or ignorance in an adj
verse decision. 1t ia easy, because corrupt
litgants being ready, themselves, il they
dared, to .'buy justice, are ready to charge,
their opponents with resort to unworthy
means, and are willing to believe that such
men look at questions from a partisan
point Of view and cannot understand how
another, even judge, can act from q diff
ferent standpoint 1t is easy, because he
who is the most ignorant Of lawprides him
self on his knowledge of law, and can only
see the most inexcusable ignorance in him
who presumes to differ from his view.
With all these causes naturally begetting
accusations, with such charges daily and
hourly made and reiterated, with the
proneness of the human mind to, be sus-
piciOus, it is as fortunate us it is strange,
that the confidence of the people is not
shaken in its courts. The safety Of the
people is in the courts, and for their full
security it is necessary that the courts
should be kept free from all faint Of cor
ruption, and that they should be, also, like
CAESARS wife above suspicion-and we be-
lieye that, as general rule, the courts Of
this country are absolutely free from re-
proach and from all suspicion Of reproach.
We have a case in point illustrating this
whole matter, for the whole republican
press of New Hampshire are now ringing
changes on the gross craftsmanship Of a
democratic Judge in making edeoision
which is not only within the letter but
within the spirit of the law. There has
been in that state, for years, statute pro.
hiblting sheriffs and deputies from maxim 8
warrants, and the legislature, at its Last
session, extended the provision to city
marshals and constables. Prior to the
passage of this law, the city marshal Of
%
Dover, q republican, had been In ths habi
of making complaints 'and warrants, sign
ing them as justice, and serving them him
self, but, upon the passage of the amend
ment, ne ceased the signing, contentinl
himself with the filling out Of the warrants
and serving them. Whereupon, as thu
Dover Enquirer has it, the "democratit
city solicitor brought the matter before
" our democratic court, and the profound
Judge decided that the work of film
out the printed forms by the city mar
90 shall made them null and void, no matte
whose signature they BORE" and the re
suit was that some half a doszen prisoher
were discharged on ha6eas corpus, remind
ing one," says the EnQoirer, "of tn
very easy way In which the criminals il
New York city slip through the meshe
" of the law" 81.
Very neatly put, surely, the New
Hampshire republican press is righteousl
indignant, the newspapers without til
state severely criticise-the Boston Heral
calling it singular legal or illegal pro
I" ceeding"-and even some of the Vernon
press take up the refrain and dolefully Ia
ment the gross corruption, the bitter parti
q sanship of that Dover democratic cit,
court. They, too. are reminded of th
g very easy way in which the criminals @
Z" New York city clip through the meshe
&. nf tha 10 ~ hut hot
moments examination would show then
that the way was made easy by the ignor
ancc of the republican city marshal and no
by the corruption or partsanship of tn
democratic city judge. OF
Let us see how it is. We have a statut
IN Vermont which prohibits sheriff o
deputy sheriff from making any writ, de
caration, complaint, or other precept o
process, except in hin own case. The pro
hibltion extends in terms. only to sheriff
and deputy sherffs although, prior to 1889
an express statute extended the prohibi
tion to constables, but this prohibition wa
omitted from the revision off, the statute
made that year and has never since beel
q q re-enacted. Years after the revision. nj
attorney residing in poultney requested
constable to fill outa blank writ, and til
constable at such request filled out th
blank, the attorney debating as the con
stable wrote. Yet although there was N
express prohibition, notwithstanding sue
a prohibition had once existed and had bee