Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1881-08-10
JUDICIAL INFIRMITIES.

III Tue duuIcSS VI cA-Sulcl ouSliCc
Agnew, of this State, before the Liter
ary Societies of Roanoke College. Vir-
ginia, at the recent commencement of
that institution, he calls attention to
certain dangers of Republican govern
ment in the United States. One OF
these dangers he describes as judicial
infrmity," the chief sources of which
he finds in timidity, local usage and
prejudice, partisanship in nominations
and elections, the influence of great cor
porations, and too refined education
al training. Since Judge Agnew was
himself on the Bench twenty-seven
years-twelve in the lower Courts and
fifteen in the Supreme Court-he may
be presumed to know whereof he
speaks, and his observations on this
point ere worthy of attention. Judge
Agnew says:
"Of all the virtues in public life cour-
age-the Latin Uirtus-is the greatest,
because it conserves and crowns all the
rest. Want of 1t in a Judge is great
inGrmity, destroying independence of
thought and action. Boldness must
not be mistaken tor true courage. 1t
is sometimes the result of too much
self-esteem-or call it vanity-and be-
comes source of error, though not so
often as timidity Timid minds are af
fected by public opinion, especially
when excited by interest, ignorance or
clamor. Legal questions are often
greatly misunderstood by the general
public, and hence its opinion is no safe
| guide. Timidity will mistake public
sentiment for public interest, and by
confounding them fall into error When
the mind is thus affected the Judge
has but one remedy-to look directly
at the case itself, thrusting aside all
thought of the parties and the public.
Local usages and prejudices are pow
| erful impediments to correct views of
the law, and frequently give it an un-
lucky twist. They enter into the very
thoughts of judges living within their
influence. Hence the peculiarities of
large cities will turn the law into new
channels furrowed out by local inter-
ests. This produces narrcwness and
of all the consequences of decision up
on the interests of the whole State. /
have known a city usage to mould a
decision directly in the teeth of the
express words of plain act of assem-
bly,. This is subject not always un-
derstood by the public. In all Courts
of the last resort the tendency is to be
governed by general prInciples-those
reasons which are believed to be most
conducive to the public welfare. This
is proper, for when the law is founded
upon sound reason and good sense it
comports best with the true public in
terest. But it is just here the judge
subject to this local influence is misled;
he confounds the interest springing
out of the local usage with the general
public interest of the whole State, and
thus falls into error.
Partisan nominations and elec-
tions are another source of inhrmity
Indeed, it is common where lawyers
prominent in politics aspire to judicial
stations. Their opinions as active par
tisans continue to WELD a strong inhu-
ence over their judgments. One as
partisan will justify what as man he
cannot defend If party question
comes before him his political friends
know where to find him. Nor is this
always an imputation on his integrity.
His prejudices, and not intentional
wrong, mislead him. Nevertheless, the
evil consequence is the same. When
partisan bias is added to vigorous in
tellect the case is much worse. 1t in
trenches itself behind ingenious reason
ing and plausible pretexts, and thus
ceives the public. A judge of this kind
is a public calamity, and especially so
when be secures long term of Office.
The influence of great corporations is
another cause of judicial infirmity. 1t
is rarely the case that they approach
the Bench directly. That would alarm
the conscience of the judge. The lever
used by them is an alleged public inter
est. If a great railroad company would
exercise some desired power to the in
jury of private right, as to take private
property, the public necessity is invok-
ed. The necessity is dilated upon and
magnifed, while the private interest is
contracted to the least degree. In most
instances the corporate interest repre-
sents immense wealth and influential
persons on that side, while the other is
but single person and a small inter-
est. Here this form of judicial weak
ness appears. Under the overshadow-
ing influence of the corporation the ju-
dicial mind exaggerates the public ne
cessity until it towers like mountain
over the individual right. This wrong
is committed also when judges inter-
pref the law or the Constitution strict
ly against the citizens and literally in
favor of the corporations. The true
end of government is the protection of
the fundamental rights of men, of which
the right of property is one, sacredly
guarded by the Declaration of Rights,
and excepted out of the power of gov
ernment, under special limitations.
Hence when a judge without clear,
well-supported and preponderating pub
lie necessity strikes down the natural
right of property in favor of corpora
tion be does great wrong, and fails to
serve the true end of government 1t
is clear breach OF official duty, whose
great purpose is the protection of indi-
vidual fundamental rights.
Another evil is one inseperable
largely from the requirements of the
Bench, and begets an. infrmity often
productive of Injustice. No one is fit
for the higher judiciary whose mind is
not expanded by study and various
knowledge. The Judge must deal
with all conditions of society, all the
employments and affairs of life AS a
consequence those who fill higher
grades are generally men whose lives
have been spent in study and refine