Omaha daily bee., 1883-10-20
coNTIcrLn LtAR.

acter and standing Of Judge Savage call
for no reply in this city. 1t is to the
highest credit of Col. Savage that he is
most respected as a man and admired as a
lawyer where he is best known. In the
community whore he has lived for nearly
eighteen years and where he has been
honored by the highest mark of esteem
which citizens can bestow upon a profess
sional man, the slurs and ISLANDERS Of ma
licious craftsmanship will fall short of their
mark and do no damage. No Judge ever
voluntarily left the bench with more
friends and fewer enemies or resigned a
trust which he had long and faithfully
kept, amid more heartfelt expressions of
regret from both the bar and the people.
Were the judicial campaign confined to
the Third district of Nebraska, silence
would be the most fitting answer
to these assaults. But in other
sections of the State silence may be
considered assent, and since the Repub.
licdn has challenged the judicial record
of Judge Savage and spread its ISLANDERS
broadcast through every exchange in
Nebraska which takes its cue from that
railroad organ, it shall be accommodated.
1t is charged that Judge Savage's record
as a Judge shows hat the number of his
decisions reversed by the Supreme Court
has been greater than those of any other
district judge. "The person. says
the Republican, "who will take
pains to 60 through the thirteen
volumes Of Nebraska reports will find
that nearly every other one of Mr..
Savage's decisions has been reversed in
tho Supreme court. That while the mum.
Der of cases actually taken to the Supreme
court from Mr.. Savage's district has been
less than from the district of Judge
Pound, Judge Weaver or Judge Post,
tho per centage OF reversals has been
greater"
The answer to this may be made short
and decisive. The charge is grossly false
and the author stands convicted as a liar
by the reports themselves. But, admit
ting that it were true, it might well be
answe, ed that with more important cases
tried in the district over which James w.
Savage was judge than in any other dis
trict in the State, the fact that 80 few ap.
peals were taken is the strongest of points
in the judges favor. Few judges can
stand q test of their abilities which meas
ures their learning by the number of re.
versed or affirmed cases. 1t is well
known to every lawyer thrt there art
frequent cases in which the Supreme
court reverses itself. Still more numer
GUS are the cases where the court is
divided, in which case a reversal merely
shows that two judges have thought
one way and two another.
A careful examination of the Supreme
Court reports from the 9th to the 18th
volume, which comprise Judge Savage's
term upon the bench, shows that 80 far
from his per centage of reversals being
greater than those of other judge, his
judicial record was the best or at least
one of the best in the reports.
The first cases are. to be found in the
sixth volume of Ne raska reports. In.
this volume it appears that Judge Post
had cases affirmed, Z; reversed A.
Judge Weaver had cases affirmed, O.;
reversed 9
Judge Pound had cases affirmed, A.;
reversed IL.
Judge Gaslin had cases affirmed, 3;
reversed g..
Judge Savage had cases affirmed, 7;
reversed g..
In this volume Judge s wage appears
to have the best record of any of the
Judges named.
In the seventh volume the following
result appears:
Judge Post had cases affirmed 8, re-
versed 8.
Judge Weaver had cases affirmed 6,
reversed A..
Judge Pound had cases affirmed 8, re-
versed 7.
Judge Gaslin had cases affirmed 1, re-
versed 3.
Judge Savage had cases affirmed 7, re-
versed 2.
In the eighth volume the names of the
Judges are but rarely given. From the
different districts, however, it appears
that the number of atlirmances and re.
~versals are as follows:
First, affirmed 6, reversed 2.
Second, affirmed Ia. reversed IL.
Third, affirmed 10, reversed g..
Fourth, affirmed o, reversed z.
Fifth, affirmed !, reversed 3.
Sixth, affirmed 4, reversed 2.
In the ninth volume the names Of the
Judges again appear to be given and
from this we find that
Judge Post had aiirmances 10, rever-
sails IA.
Judge Weaver had afirmances IL, re.
versals 8.
Judge Pound had afirmances 10, re.
~versals 10
Judge Gaslin had a~firmances 3, rever-
sails q.
Judge Barnes had afirmances 1, rever.
sails o.
Judge Savage had afiirmances 8, rever-
sails 4.
This is the only volume in which the
aiiirmances of Judge Savage do not far
out. number tho reversals.
In the tenth volume we have the fol-
lowing result:
Judge Post, afiirmances 10, reversals I3.