The Republican. [volume] (Oakland, Md.) 1877-current, 1882-10-07
OAKLAND, MD, Oct. 9th, 1882.

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citizen to critisise, or comment upon
the official conduct of any officer, no
matter how eminent, or respectable
he may be in such relation, or any
other relation, provided only, that
such official conduct is wrong and
improper. But criticisms should al
ways be couched in just, fair and re-
spectful terms, especially when the
acts of one high in Office and social
standing are to be complained of.
Under such circumstances, and in
like view, it is proposed, not merely
to question some Of the judicial con-
duct of his Honor, Judge r. H.
Alvey, but to show that, if he has not
frequently been wrong, he has for a
long time been persistently so, and
that too in a matter so important in
its self, as to concern every person
even with the smallest rights in citi
zenship, within the judicial circuit
over which he has presided for nearly
fifteen years. The propriety of such
comments is enhanced, that he is now
the regular nominated candidate of
the Democratic party for another fif-
teen years on the bench, as we'll as
for an endorsement from the people of
his whole judicial acts.
Irefer to his well known refusal for
the last seven years or more, to exc
cute the Public School law of the
State, passed in 1872, chapter 377.
That statue by its sixth section re-
quires the Judges" of the Circuit
Court to appoint the board of County
School Commissioners. So far as we
can learn the law has been strictly
obeyed, and respected by every citi.
zen of the State, whether he be judge,
lawyer, or layman, save in the one
instance now treated of. So the exc
Cution of this statue for the last seven
years has been left to The two associ-
ate Judges, who have always held
divergent views and wishes the ills
of which are still upon the good peo-
pie of Garrett and Allegany counties.
Had his honor chosen to have made
use of his OvershadoWing official in
fuence and wisdom, might not all
those ills and evils been ayerted. We
honestly believe so. However relief
must come from the future, and not
the dead past, and in all probability
from new hands.
We understand his honor has as
sumed this position; that he holds
office under the judicial department
of our State government, and there
fore his functions, and duties are
purely of judicial character. And
that he can not be clothed even by
any act Of the legislature with any
new powers or duties of a different
nature.
We are quite aware that our State
government. for the constitution is
Inethodically divided into several
different departments or heads and
it is of course admitted he holds office
under the judicial department there
under, but still he is only correct in
a most general view, and in this par
ticular case wholely wrong.
He gives entirely too little scope
and power to our constitution, It Is
a conservative instrument it is true,
however, its partition walls of paper
were not erected by the people of Ma
ryland to keep apart hostile forces, but
wholly for the sake of governmental
harmonage, system and order. 1t
was intended to authorize, and in
duce wise, wholesome and practical
even though duties and
powers should be enlarged, or trans
fered from one constitutional depart
ment to another.
The constitution, and the laws
Hereunder, require the Courts to do
many things other than to adjudicate
cases from the bench. The truth is,
for the past generation, powers have
been gradually gravitating away
from both the legislature, and execu-
tive departments, and laughing with
the Courts.
For instance, formerly the Sheriff
selected and summoned the jurors,
but now under late act ofassembIy,
the Judges select them, and the Sher-
if simply notifies them to appear at
Court, and not long since the Legis-
lature had exclusive control in grant
ing divorces, and changing names Of
persons, bat now under legislative
acts, the Courts have the sole power.
Until "Gwynn's act" of 1868, the
General assemblies possessed the sole
power of granting charters to corpor.
atoms, but under this law the Courts
were granted concurrent powers, and
they exercise them freely and FREE
quently. The people at Stated times
elect their Clerks of Court and States