The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-10-19
Judge Turnkey.

1t is doing but scant justice to the merits
of Judge Turnkey, the Democratic candi-
date for Supreme Judge. to say that he is
. in all RESPECTS the peer of Judge Sterlett,
! against whom he is making friendly con-
test for a seat on TIE Supreme bench. His
{ judicial experience has not been so great,
i but in intellectual vigor aud grasp lie sur
/ passes his competitor. This opinion we
have heard, as coming from Republican
lawyers of high reputation and long SER
vice at the bar of Allegheny county.
Judge Turnkey has hardly reached the
prime of life-he is but for y-eight years
old-and yet he has made a reputation. i'll
his eleven years service on the bench,
second to that of no Common Pleas Judge
in the State. His decisions have been
models of lucidijy and sonnd law, and they
have more than once received the commen-
dation of the Supreme Court. They have
seldom been reversed. His reputation.
which secured his nomination over one of
the most distinguished and upright mem
bers Of the Philadelphia bar, is the sure
and solid grow With of his judicial acts.
Another point of his character merits no.
tce. That is his indifference to popular
clamor, or those moral ebuluionS which
sometimes mistake sentiment for law.
This was illustrated at the April term, 1874,
in NenangO county. when he was besieged
by some three hundred ladies. with nu-
neIcuS eHCort anu al lbIIniudCle DelflNh
against granting any more licenses to sell
liquor in Nenango county. Judge Turnkey
showed that clear appreciation of duty in
his response so characteristic of the man.
We copy his words published in the
Franklin Spectator at the time:
Judge Turnkey said the LcVislaru urc was the
law-mnking power. IL laws are bad and im-
perfect. the people who objected to them had
their remedy by application to their reprcsen-
tativcs in the Legislature, and t heir action as
ltn (fNEVr xp. nr rl.T faa ltar.
law. to nuliify law, or To make law. 1t is the
Courts place 10 ascertain what the law Is in
gard to license, as well as To all other matters
that come before it. and Oapply the La To The
facts as given in evidence. If II was expected
hers, or however much it might be entitled to
individual sympathy and respect. could make
the Court depart from its duty in executing
the law as il foun6 it, those who held such cx-
pectations would he disappointed, IL would he
unsepmly in the Court To condemn or take
c9rtlohs 10 any law enacted ny It's superior
The remedy against a tad law wRs not here.
The Supreme Court had settled the question
to the duty OF the lower Courts in This matter
Of license. CThe Judge read the decision of the
supreme Court, defining :he duty Of the Court
below. and giving the legal definition of the
word discretion as used III the license acts.)
The discretion TO bc exercised was an ar
hitrnry power-the mere will of the Court
but Judicial discretion, based upon knowl;
edo NJ f"cts, ar f"'r consider. iion OF ali
matters CONNECTED with the case, TO say there
should be no license granted wrong ms
20 say there should he none refused. The Court
must hear and determine each case upon it's
own merits, and WAS ready to receive trsti-
muny as to the applicants fitness u ndcr thp law.
as To the character OF the house Tor which Ii
ccnse is asked, and as to the necessity contem-
plated hy the act OF Assembly"
The character of Judge Turnkey is
strongly ILLUSTRATED by that calm declara-
ton, during time of intense excitement.
1t was unanswerable, and the rule then
laid down has governed al his judicial
acts. His plain words "The Court is not
the place to alter law, to nulify law, nor
to make law would be a good motto for
the walls OF every Court House in the
State.
Judge Trunkey's standing at home,
among those who know him best, through
long years of social and professional inter
course, is attested by the fact that he has
been twice elected to the Common Pleas
bench as a Democratic candidate i'll Repub-
hcan districts, and of course by Republican
votes. In 1865, during one of the most
excited and heated political campaigns in
our Listory-it was the year the Rcrelbli-
cans declared war agains President j ohm
son-Mr. Truukey, then "a lawyer of large
practice, was nominated by the Democratic
Convention in the Mercer and Nenango
districts. and while Governor Geary had "A
majority in the two counties of 1913 he
was chosen Judge by a plurality OF $50.
After ten years OF judicial service, Judge
Turnkey was nominated as his own success
sor in 1876. The party lines of a Presiden-
tlai campaign seemed to many of his
friends too strong to be broken. Iet
again they were ruptured ana VenanCo
county, which gave Hayes majority of All,
elected Judge Turnkey by majority of
259
Nothing can be said to strengthen these
endorsements. They come frOms Judge
Trunkey's political opponents as a free
VIII offering TO his capacity, integrity and
Judicial fitness, Out of seven Supreme
Judges the Democrats have but two mem
bers OF the court. 1t seems to us they will
see that the election Of Judge Trunkey is
the proper thing to d., to secure something
approXimating a fair representation in the
court of last resort, especially when the
opportunity is presented of promoting "A
gentleman of elevated character, large ex-
perIence aud recognized abilities The
Democrats of Allegheny county should GER
tainly go as far in support of Judge Tiun-
key as the Republicans of Venango and
Mercer did i'll 1866 and 1876 Pittsburqh
Post.