Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-10-16
JUDGE sHARswOODs OPINION.


The Duties 1t Imposes ON Lawyers.
Easton Free Press.
The decision is just one, and Judge
Sharswo0d made it tho occasion for imp0s-
ing very grave responsibility on lawyers,
who are sworn officers of the court. This
decision will cut the combs of various
judges whose elevation to the bench has
given them the notion of their almost alb
solute power, so that in too many instances
they become unduly putfed up by the pos
session of the little brief authority, rather
than impressed by the solemn character of
the grave Importance of their function. II
the judge is partisan or corrupt, both or
either, it is the right and duty of the law
yers to expose him to the people, whose
votes have elected him. The only way in
which the lawyers can do this effectually is
through the newspapers, and this gives the
people through the press an additional de-
fense against the abuse of Office on the
part of Judges. = =
The recognized medium between all
public matters and the people to be in
formed concerning them is the newspaper
press. Under this decision judges can be
just as freely criticised, where their con-
duct is open to suspicion of partisanship or
corruption, as any other public official.
The notion that any peculiar exemption
from accountability is connected with the
office of judge is now happily exploded
forever in Pennsylvania, as it has been
since tho ring exposures in New York city,
in New York state. A judge differs only
from any other public official in that his
Office requires more from the individual
filling it and carries with its accept
| ance greater responsibilities. The rev.
erence for the Office of judge is prop
| erly SO profound among all intelli-
| gent people who understand its rcla-
tions to the happiness and wefare of the
community, that any criticism of Judge
that would tend to lower the respect of the
public for the impartiality Of a court of
justice or destroy public confidence in the
personal integrity of an incumbent, would
be unfortunate and indecent if the Offense
complained were trivial. Public policy
demands that suitors shall not go into
court confident that they shall win their
cases on account of the influence of their
lawyers with the judge, OH account Of a
dislike of the opposing lawyers by the
judge, or of politics, or Of any other cause
not connected with the merits of the contro-
vcrsy. 1t is for the welfare Of all concerned
that judge shall be trusted in his high
little things that offend and can be ascribed
to individual peculiarities on the part of the
judges should be passed by without being
made the basis of any public scandal. A
public scandal that affects q presiding
judge is public calamity. But for seri-
Gus and repeated Oifenses of partisanship
or corruption, q judges Office affords no
more protection than cOnstablc's. These,
Judge Sharswood and the Pennsylvania
supreme court say, it is the right and duty
Of lawyers to expose to the people, and OF
course the lawyers must use the newspa-
pers.
We take it that the kind of partisanship
against which the supreme court inveighs,
and which should be exposed to the people,
includes in it's features that Of managing
and bcstowing the patronage of the court
SO as to fatten favorites and politicians and
keep particular political party in power.
The offence, under the notorious name of
the "Gratz system" of appointing audi
tors. receivers, commissioners and masters
in chancery, brought some Of the courts of
New York city, 4 few years ago, into just,
intense and damaging public contempt.
| We presume that any similar offence dis
covered in development under any Of our
| Pennsylvania judges would excite similar
contempt, and the press would be compelled
to the painful duty Of holding the guilty
judges up the scorn and contempt of the
community and demanding their inn
mediate resignation. AZ the target of the
general rerrobatiOn Of the citizens of a
judicial district, on grounds Of partisanship
sufficient to meet the uttcrance of the
supreme court and fairly stated, any judge
would have to answer the demand for his
retirement or suffer impeachment that
would secure removal by the Legislature.
The supreme court has imposed 4 great
burden ON the tender and sensitive con
sciences of the lawyers throughout the
commonwealth. by its use of the word
partisanship. This burden will only be
thrown off when the records of judicial ap-
pointmcnts have been examined, and the
discovery made that the judicial Office has
not been used SO as to incur blame for that
kind of partisansi,ip which should be eX-
posed.
We believe that Judge Sharswood's new
principle as to the rights and duties of
lawyers is u sound one, and all good citi-
zens will rejoice in and bc benefited by its
general application. The rights, privileges
and inmunitics Of lawyers have long been
understood but 4 definition OF their duties
smacks Of genuine novelty.