The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1876-05-25
The District JudgeshiP.

The District Judgeship'
Several weeks ago. we stated that MI A,oe:s De.'
Perrv. of Troy. was a candidate for Judge =, 'n''
Jndic;.l district and that the members or INC
Rar of the District were largely IN iavor oi
chance from the present regime we sara not
- .,.;,,. tbe personal integrity OF Jndge
1-h..-s. IN, We supposed that Mr. Perry mad
y. !. candidate, and that we had right
.~ ~ nreference for him over the present
.S-snsrt But for this simple act we have been
...--onoIIv denouncedsby one or two papers in
Tudrs Hubbard's interest, our motives impugned,
and our mast acts or alleged acts criticised, as If
. had committed some dreadful public offence,
and nothing but our impeachment and disgrace
uould atone for the outrageous act. This is
. s,acies of warfare that doesn't deter us in the
least: and as Judge Hubbard's body guard have
seen proper to divert public attention from his
weak points by this hullabaloO against us, we
shall here take occasion to lay before the reader
some of the reasons why Judge Hubbard should
not be re-elected-reasOns not only af interest to
the Bar, but to the people, whom his friends as
ssrt have such vital interest In his reelection.
The Sabetha Aduance, one Of Hubbard's heavy
guns, speaks of him as San able Judge, whose
decisions are generally affirmed by the Supreme
GGSurt.B II has subsequently asserted, with as
much ignorance of fact as Of good English, that
abe has had but few cases reverted from the
higher Courts, and none within the last few
years. Now, let us see what are the facts, as
shown by the books.
In the cases reported in the 10th, 11th, 18th
and 18th Kansas Reports, embracing the decis-
ions from the July term, 1872, to the July term,
1874, of the Supreme Court, covering SO much OF
the period occupied by Judge Hubbard on the
bench, and reported up to that time, we find
there have been fytkree cases from this District
tscesty-three of which have been reversed, and one
dismissed. Auy man with no knowledge of law,
but possessing good sense, ought to be able
when cases are argued by lawyers, and autnori-
ties read upon disputed points, to decide right
oftener than Judge Hubbard has done. We have
compared the decisions of this District with
those of the two adjacent ones-Judge Ide's and
Judge Morton's-and we find that in the Reports
above mentioned, in Judge Ide's Dirtrict, trenty-
three have been affirmed, and fire reversed. In
Judge Morton's District, only elereH have been
reversed although his District is the largest in
the State, having q population of 10000 more
than ours. Thus, Judge Hubbard has had one |
third more cases reversed than two other judges |
combined, whose Districts are more than twice
as populous as ours. We find, also, that Hub |
bard has not improved in his guessing of what
the law is, for in the last volume of the Reports,
the 18th, sir of his cases are reversed, and only
tpo are affirmed. Anon recent syllabi Of decis-
ions, we notice case from this District reversed
The confidence of the Bar and of suitors in
Court in Judge Hubbard's decisions has not i'm
proved, for We are informed by attorneys that |
there never was as large number of cases in the |
Supreme Court from this District as now. In |
fact, it has almost settled down into a general |
rule, that when an attorney takes case into |
Hubbards Court, he considers the contingency
of carrying it up to the Supreme Court. Now,
if it was the selfshness of the Bar that was agi-
tating the question of the Judgship, it would be
in favor of Hubbard for the more cases he sends
Se tAe-Supreme Court, the more work it makes |
for the lawyers. It is the people whose interest |
is at stake, for they have to bear the additional |
expense.
Many of the lawyers complain that they can
not get Judge Hubbard to sign a correct bill of
exceptions, to enable them to make proper
showing before the Supreme Court If they ask
for special instructions or rulings, he usually
manages to destroy or hide the paper by the
time the case is ended, SO that the authentic rec
ord cannot be had. In such cases, he puts his
own word against that of the attorney, and re-
fuses to sign bill, except it reads according to
his version; so that it is difficult to take the
case up on the real rulings. II this way, and
by frequently ruling on both sides, he prevents
some Of his cases from being reversed.
Let rs look at some more of the quintessence
of wisdom, as displayed by Judge Hubbard, ac-
cording to his heavy newspaper artillery.
year ago or more, man in Atchison, in the en-
ploy Of Railroad Company, was indicted for
shooting and killing another, without provoca-
tion. Judge Hubbard allowed the accused to
enter plea Of simple assault, and fined him one
dollar and costs. We believe the men had not
been on good terms, and the man who was killed
was drunk at the time. Now, there were only
two horns to that dilemma. If this man shot the
other in self defence it was not an assault and
he was entitled to go free; but if he committed
an assault, it was . cold -blooded murder. and he
should have been hanged. One dollar for murder
ing man, according to this brilliant legal mind!
After specie resumption, let us hope that the
price will come down to fifty cents, so that we {
can all indulge in that luxury But let us give
another bright example. Judge Hubbard, &C.
'ording to that standard law publication, the Sa-
Detha IdraHoe, has devoted his spare time to
himself in the law, and mastering diff
icult points. If so, he has doubtless heard of
Magma Charta, the very foundation of English
aw. One of the principles of Magma Charta was.
: We deny justice to no man; we delay Justice I
o no man; we sell justice to no man, Last
. poor man, named Harris, employed l
s watchman on railroad, was tried in this i.
'ounty for shooting and killing boy one dark
light, sGppasing him to be a thief trying to en-
er freight car. Under instructions from Jud0e
hubbard, who had previously fined a man one l
ollar for murder, the jury, to the surprise of G
verybody, returned verdict of manslaupbter a
he penalty of which is Imprisonment in the s
'enitentiary. W. W. Guthrie, attorney for the
defendant, at once made motion for new tri-
L. Judge Hubbard replied, that if the Atchison |
md Nebraska Railroad Company would pay the
osts up to that time, he would grant new tri-
j. Guthrie said he did not know what the Atch-
son and Nebraska Railroad Company had to do