Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1883-07-24
THE JuDGESHIP.

Ing nlS iOnS term OF ONCE, snOWu HIMSELF
TO be learned aud impartial Judge and a
conscientious gentleman.
Now that he Is about TO retire from the
Bench in the fullness of years and honors,
ii is probable that one of the Associate
Justices will be appointed to the place,
and the name OF Judge John A. Peters has
been frequently mentioned as the one who
should receive the appointment Surely
Judge Peters Is eminently fitted for the
position and his appointment would be 4
qualification to very large proportion of
the legal fraternity in the State as well as
to his very many friends outside the pro-
fession. To the vacancy onl the Bench
which would be caused by the elevation OF
one OF the Associates to be Chief Justice,
the name OF Hon. L. A. Emery, or this
city, has been prominently mentioned
EilstcOrth Americdn.
This proposition. which seems to be the
plan OF political managers, appears rather
cool, TO the citizens OF this section. Az
ter demanding the retirement Of Judge
Appleton, on account of his extreme age,
Eastern Maine asks that the Chief Justice
ship be continued in that section by the
promotion OF Justice Peters OF Bangor
Then q boom is started for Mr.. Emery
who lives in Ellsworth, only q short dis
lance from Bangor, for the purpose OF
forcing him into the vacancy created by
Judge Appleton's retirement. This is lit
tie grasping, in Eastern Maine, which now
has Chief Justice Appleton and Justice
Peters at Bsngor-while Judge Liboey Is
located at Augusta, aud Judge Danforth
at Gardiner. Judges Virgin and Symonds
reside at Portland, and Judge Barrows st
Brunswick, giving Cumberland County
three members; and with the remaining
Justice, Walton, At Auburn, We find
large section OF the State unrepresented on
the Bench
We do not claim that locality should re
celve undue consideration when selections
are to be made in this department OF the
State government Fitness is the Hrst
requisite. II any man in the State has
become pre-eminent for his judicial mind
and habits he should be selected, regard
less Of his "local hsbitstion." This was
illustrated in the appointment OF Judge
Symonds. Although young man, he had
exhibited all the characteristics necessary
70 make q good Judge His fitness and
superiority were generally conceded, and
his appointment WAS merited recognition
OF this fact. Although he resided in Port
land, the home OF Judge Virgin, one Of
the most recently appointed members Of
the Court, no question Of locality was
raised. In the present case, there is no
such state OF affairs; no such acknowl-
edged superiority; no such unanimity Of
endorsement Mr.. Emery is good law
yer, sn honorable man, and a shrewd poll
ticisn. he has long been in active prac-
tice as the law partner Of Senator Hale.
Mr.. Emery has served in the Legisls-
ture and has also been Attorney General
for Maine, in each Of which positions
he exhibited ability, and successfully
performed the duties which came TO
his hand; but be has not shown such
marked powers that he would be nat
urally first looked TO As q candidate for
this position on the Supreme Bench of
Maine
Oxford County claims 70 have as good
lawyers prscticing st its bar, as Mr.. En-
cry Is, snd We propose at this time TO |
name one who is IS able as Mr.. Emery one |
who has the confidence and support of the |
people Of this section, and who could Ill |
the vacant Justiceship as well as he. We
refer to Hon. ENoCH FOSTER of Bethel. |
There are many reasons why Mr.. Foster
should be 8 candidate for position on the |
Supreme Bench, and why he should be
appointed 20 the first vacancy which &C.
ours. Mr.. Foster has by hard work and
persistent study, made himself familiar |
with the common law and with the statute |
law OF Maine and other States. His is |
naturally the judicial mind, and, by means |
Of large practice in this and adjoining |
counties, by frequent hearings in the Law
Court and by occasional trials in the U. 5. |
Courts, he has become familiar with the
NOEAlnks VI O0A CbbAAC lUlANAaA stSNN---
In the trial Of cases and by his discussion |
Of law he has attracted the attention
OF the bench, and OF the bar of |
many counties. He has showed himself |
able to cope with the best lawyers of
Maine in preparing cases for trial and in
presenting them both 70 the Court and 10
the Jury. Like q sensible man, he has re-
tanned his residence in q rural community,
instead Of rushing TO the already over
crowded cities, as soon as his reputation
had become established. On this account
his appointment would be deserved COM
pliment to the country bar. With the ex-
ception Of Judge Barrows, sll the Justices
have been appointed from the cities; and
Brunswick is so large q town, that this
exception is hardly notable. The country
bar contains many excellent lawyers, but
their practice, though requiring as much
ability, does not attract that attention
which the city lawyer receives, located as
he Is at the centres Of communication,
from which every important trial Is re-
ported to the whole country. II Is well,
therefore, that those having the appoint
Ing power should look more carefully into
this question Of judicial ability, and not be
Influenced wholly by the popular estima-
lion of candidates. An inquiry into Mr..
Fosters legal sttainments and habits of
research, would show that those best cap
able Of judging consider him the equal of
any practicing lawyer in the cities Of
Maine.
As s reward to an enterprising, indus