The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1882-07-27
TIE DISTRICT Jl1DGESillP.


Tho Honard GD"nty Tmes oppofcs
Judge Coolcy's denomination for two
reasons. First--le cannot be rc-clcct-
ed and, second, because "hc has failed
to como up to the expectation Of his
friends in his rulings and decisions"
These reasons are subaivi,led by the
Times; bnt, "boiled down, the above
contains the substance Of n long article
in last weeks issrc. Whether Judge
Cooley can Or cannot bc elected is a
matter Of opinion. Others, who are
quite as able rs the Times To coolly
and impartially forecast the coming
election, are confident TINT the people
Of the district will rc.indorsc him.
And we know that some of those who
most actively opposed his election two
years ago will this year give him q
hearty support. OF these there are not
few.
The second reason given by the
Times attacks the judicial ability ri
Judge Cooley, and is the only one we
care 10 discuss at length. We do this,
too, solely, because in its eagerness to
make point for tho standing cnndi-
date from Howard" tho Times has
(whethcr consciously or unconsciously,
We do not say been led into statements
that are, 10 say the lca,t, disingcnuous.
Judge Cooley is attacked in this
manner:
In the two years and more TINT Mr..
Cooley has been upon the bench in this
district he has failed to come up to the
expectation OF his friends il his rulings
and decisions, and scarcely mp to the nv
erage Judge in this respect. We are in-
formed that every case appealed from
his court in this county to the Supreme
Court has been by that court reversed !;
and further, that out Of twenty-five re-.
ported cases appealed from his court
throughout the district to the Supreme
Court, fifteen have been reversed, while
several others arc awaiting the decision
of that court. 1t seems to us that such
showing ought not to he overlooked in
taking into consideration Mr.. Coolev's
fitness and claims to be longer retained
in the position.
"When We reflect that these reversals
are each and all attended with great Ia.
borof attorneys and expenses to litigants,
the necessity Of trial in the District
Court without error, becomes apparent,
and sound i'll rulings and decisions u
trial Of this kind becomes an impos
sihility. Of course a Judge wholly free
from error could not he found, but he
should ut least be right in the large ma
iority Of cases tried before him. Judg-
lug, therefore, Mr.. Cooley's capacity for
Jndgeship upon the Supreme Court
records of eases tried before him, his
ability ma, well be questioned. In the
interest Of litieants. the public. and
| especially taxpayers, the Objection Of
incapacity, to some extent, may be
urged with force"
This paragraph is more remarkable for
what it conceals than for its revelations.
1t builds up case against Judge Cooley
by wholly er parte statement Of the
truth, aud by keeping out Of sight I'M.
portant questions which should in hon.
esty he considered in connection with
this question Of fitness md ability. The
Times demands Judge who shall Io
fright III the large majority If eases
tried before him." Let ns examine the
record Of Judge Cooley III order to ste
how far h. fails Of filling this require
ment, and to what extent the Times III
dictmcnt helds good. During the two
and half years he has occupied the
bench, Judge Cooley has held 32 terms
Of count. In that time he has passed
upon over thousanl-possihly two
thousand--cases. The "iighting eases"
are numbered hy tho hundreds. La
every such case scores of legal questions
have arisen that had t. he decided ut
once promptly AMI positively. IN
every one il WAS possible Tor the Judge
to err. And yet out of this large aggrc-
gate Ut cases, and still vaster aggregate
ot legal points decided. there were hn;
80 eases i'll which attorneys claimed
errors were made; aud the court of last
resort. up to tins date. has reversed l..
affirmed l.. leaving three still undecided
This is less than one appeal for each
term n court, and not one srrar ia
! acery ttco fern,s.'
When the hurry of court is consit
cred, this record is one no Judge need
be ashamed of. In large majority
asery large maioritg--o. cas- $ he who
made it has been both s.freo ilom error :
AMI faithful 10 tho "intclcsts ii liG
giants, the public, AMI especially of tax
pavers.' to such an extent that "the
objection Of incapacity cannot honestly
lie against Judge Cooley.
| How does this compare with the
records Of other Julgcsa This is tender
ground, because comparisons are fre
quently o,lions. They are too oitea
taken Ms reflections upon others il the
comparisons prove nnf.ynrahlc. The
bench of this district has always mal,.
geol record III The supreme Court
Its Judges have, in later years. heea
men Of uadouhted ability aud unques-
toned capacity. Ii comparison
shows that Judge Cooley does not fa'l
/ far behind these in the number If APP
pes,ls or reyersals. the verdict should II,
IN the highest degree favorable IL on.
who. though a. old lawyer. is still IA
young Judge, and learning by expert,
ence. We understand a,taraeys carry
their cases To the Suprem. Caurt
for the purpose of securing reversals al
| decisions In lower coa,ts: aud the Su
pscme Court reports sh,w that the
best lawyers and III. best Judges la
the State are reversed III every terra I'll
court. Aud it is Il singular Tact tina, the
rev.rsals ana a.lirmatians run Eear,N
even. Fer these reasons il will b. se.i.
that the following eomrai sons are Eoi
III any sense olinas, hs; merely facts hy
| which ". may test tae reca.d ot Iii,
Jsl.. - severely criticised i.y tie
Iiusts. From Ian. /, 1876, to Jm. ],
ISIS. taa years, there Were sNes.ty hin.
ot Julse Nuhi.'s cases taken ;o the .S,i.
rreme Court, II which sixteen were nj
iirnei aud thnr..e rt,st.sea. In I'll.
last tao years al his term fifteen ii hi.
eases were affirmed and lih,e.een f.,t lsea
In the ircuit Court. intal JaIgarv
1871, t. January, 1876 two years, iilsr /
sa,.s we're sill mel a,sd twelve reversed
From January. 1881. Ia !,auary, 1851
seseateen cases wsie aiiirnel. iitteca ~
s.rsta anu one modified. Al the las
A.ail term ot tie Supreme &, mt thsr,
were iwenty.ciel.t anleais trpn ih,