The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-08-02

Dublubbb CuuNoIhhsluu CAu w easily GhI'
ried on under Noonan's method. As II
was, the results OF the experiments are
considered OF great practical value,
In the address OF OK Chief Justice
Agnew, OF Penn, before the Literary
Societies OF Roanoke College, Virginia, al
the recent commencement Of that inslltu'
ton, he calls attention to certain dangers
OF Republican Government In the United
States. One Of these dangers he describes
Is Judicial inlrmity, the ChieI sources o
which he finds in timidity, local usage and
prejudiCes, partisanship In nomination.
and eleCtions, the influence Of great cor
porations, and a too refined e~duCationa
training. Since Judge Agnew was him
sell ON the Bench ]twentyseven years
twelve in the lower courts and fifteen In
the Supreme Court-he may be presumed
to know whereof he speaks, and his obser,
vaLions on this point are worthy Of atten'
ton. Judge Agnew says:
OF all the virtues In public life Conragt
the Latin uirtS lis the greatest, because
1t ConserveB anu Crowns all the rest. Wan
OF II in a Judge Ia q great intirmity, de
stroying Independence OF thought and &C
ton. BlldneeB must not be mistaken foI
truO courage. 1t Ia sometimes the result
OF too much Relf.esteem-or call II vanity
and becomes a source Of error, though
not so often as timidity. Timid minds
are affected Ivy public opinion, especially
when excited by interest, ignorance or
ClamOr. Legal question are often greatly
misunderstood by the general public, and
hence ils opinion Is no safe guide. Timid.
ity will mistake public sentiment for pub.
lie interest, and by Conilurding them fall
ed the Judge has but one remedy-to look
directly st the case itself, thrustibg aside
all thought Of tho parties and the public,
Local lsARes and urPiudiCss are power.
ful impediments to correct views OF the
law, and frequently give II an unluCky
twist. They enter into the very thoughts
OF judges living within their H. huenCe.
Hence the eCuliariIies OF large cities will
turn the law Into new channels iurrowed
out by local interests This produces car.
rownesa aud inability to embrace the en-,
tire scope OF all the consequences OF deCi
sion upon the interests OF the whole State
! have known a city usage 10 mould 4
decision directly In the teeth OF the ex,
press words Of a plain act OF Assembly.
This Is a subject not always understood
by the public. In all courts OF last
resort the tendency Is to be governed by
general ptinCipleS-thOSe reasons which
are believed TO be most conducive 10 the
public welfare. This is proper, fer when
the law is founded upon sound reason and
good sense Il Comports best with the true
public interest. But II Is. Just here The
Judge subject to this local influence Il
mieled: he COniounds the interest spring,
Ing out Of the local usage with the genera
public interest Of the whole State, and
thus iSlls into error.
Partisan nominations and elections arr
another source OF intirmity. indeed, Il II
common where lawyers prominent In pol.
tiles aspire to judicial stations. Their opin.
ions as active partisabs continue 10 WELD
A strong influence over their judgments
One as a partisan will Justify what as Q
man he cannot defend. II a party Question
comes before him bis political f~riendsknow
where 10 find him. Nor is this always an
%imputation on his integrity. His preju.
dices, and not Intentional wrong, mislead
him. Nevertheless, the evil consequence
Ia the same. When partisan bias 10 added
to a vigorous intellect the case is much
worse. 1t i%nttenChes itself behind inge.
NOUS reasoning and plausible ptetexts,
and thus deceiVes the public A Judge oil
this kind is q public calamity, and espe.
ClAlly 70 when lie secures a long term
OF office.
The Influence Of great corporations IA
another cause OF judicial inirnity, Il IA
rarely the case that they approach thg
Bench directly. That would alarm Ina
conscience Of the Judge. The lever tsed
by them 10 an alleged public interest, II
great railroad company would e~xs,cise
some desired power to the injury Of priI
vate right, az to take private property, The
public is necessity invoked. The necessity
is dilAted upon and mRgni6ed, while the
private Interest is contracted 10 the least
degree. In most instances the corporate
interest represents immense wealih and
Influential persons on that side, while The
other Ia bnt a single person and small In
terCst. Here this fern Of judicial weak.
ness appears. Under the ovefshadowinS
influence Of the corporation the judicial
mind aggregates the public necessity
until II towers like a mountain
over the individual right. This
wrong is committed also when
Judges interpret the law OF the Consiltu.
tlon strictly against the citizens and libsf.
ally In favor oil The corporations, The
true end Of government 10 the protection
Of the fundamental rights Of men, Of
which the right OF property is one, sacred
ly guarded by the Declaration Of Rights.
and excepted out Of the power Of govern.
ment under special limitations. Hence
when A Judge without A clear, welleup.
ported and ptepondetSting public neCes.
stty strikes down the natural right oil
property In favor Of a corporation he does
AStea! wrong, and fails 10 serve the true
end Of government. Ills a clear breach
oil othcial duty, whose great putpose ia
the protection Of individual fundamental
tights.
Another owl Ia one %insepGrable latvslv
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