The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-04-24
THE yUDrCIAEY.

lac present. yuQlelaf5 system OF The
territories badly needs revision, both as
10 the term Of Office of the judges and
the organization Of the courts.
The judges are territorial judges with
federal iurisdieti0n-thst Is, they have
all the powers of United States judges
In the different states. These latter
are appointed for life or during good
behavior, and a only be removed by
impeachment. This gives a security
and dignity to the bench which raises
the occupant above political influence
or mercenary temptations. The same
wise reasons should. as far as practical
BILE, make the territorial judge indie
pendent in his position. As his office
necessarily terminates on the merging
Of the territory into q state organiza-
ton, be cannot be appointed for life,
but the term could be made, by act of
congress, to extend during the terrific
rial organization.
As it is now a territorial judge is
subject to the whims and caprices of
each successive encouragement, and
may at any moment be removed utterly
without cause, and often is. for the sole
purpose of making q place for some
person or othsr having political claims
on the dissatisfaction, or a senator
whose requests it is not deemed prudent
to deny.
The organic act of the various terri
tories state "the president shall appoint
by and with the advice and consent of
the senate, a governor, secretary of the
territory and United States attorney
and marshal, who shall hold their offic-
es for four years, unless sooner removed
by the president"
Immediately succeeding this section,
is that relating to the judiciary, which
is to consist of a chief Justice and two
associate Justices of the supreme court
of the territory, which officers are also
to hold the district courts, sswho shall
be appointed. by the president by and
with the consent of the senate, and
shall hold their Offices for the term of
four years;'' entirely leaving ont the
power of removal. 1t will be thus seen
that the custom of removal is against
the intent of the law, and, in the
opinion of the best lawyers of the
country, will be so interpreted, when
ever a case properly prepared is carried
up to the supreme court Of the United
States. Doing away with this pernicious
practice, increasing the salary of the
judges, and making their term of office
last during the territorial organization,
would secure to the bench the high
order of legal talent. which the respon-
sibilities and powers of the position
demand.
Instead of three judges as the SUI
preme bench is now constituted, there
there should be four-a chief justice
and three associates-and in all cases
coming from the district courts, the
Judge before whom the case was tried
should be debarred from sitting pend
ing the appeal. At present two Judges
make a quorum of the supreme bench,
and as on an appeal the disagreement
of the judges affirm the decision of the
court below, it is virtually in many
cases an appeal from the decision of the
Judge of the district court, to the same
person presiding as a Judge in the SUI
preme court. 1t is but human nature
even with the best and most impartial
Of men to be Somewhat warped and
controlled by a desire to Justify a pre-
vious decision or Judgment, and thus
the very purpose for which the appel
late court was created is thwarted and
rendered of no practical benefit.
The present judiciary system is that
which was. created in the organization
of the northwest territories early in the
present century. 1t has been continued
IN the organization of our Pacific coast
territories without consideration of the
different state of affairs. The north
west territories were mainly farming
communities, and the litigation was
neither heavy 10 involving valuable
interests. The Pacific coast territories
are mining a well as agricultural and
commercial communities. The litiga-
ton before the courts, especially in the
uoinino cacou 10 tho adjudication IF &ha
-.L.-ss
Tx VI RAOICAJy UOlIu IlIIllOu6
Of dollars, It is an absurdity that the
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