The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-10-23
THE JUDICIAL ERMINE.

The law association of Philadelphia
appointed committee to consider the
advisability of judges clothing them
selves in judicial vestments while on
the bench. The report reads: "To
such high public trust most appro-
priately belongs a symbolism which
marks its character. This will not
give those requirements that are es-
sential, but it may stimulate their ac-
quirement. That the highest judicial
tribunal of our commonwealth should
be clothed in the insignia appertaining
to its character is not open TO mere
cursory objection. Civil power, exer-
cised with dignity, is less likely to be
arbitrary when its responsibility and
accountability are manifested in
the performance of duty. There
is no abstract right govern
ing the wearing of judicial vestments;
it is a question governed in this coun-
try alone by prejudice. There is no
reason why the opinion Of a judge
should not be equally as good in citi
zens' dress as in the judicial gown. but
the robe on the bench really does pro-
duce an. effect that can not be made by
Judge in ordinary citizens garb. In
bygone centuries, when class distinct
ions were closely marked, every trade,
every profession, every grade of socie-
ty had It's peculiar dress. The apothe-
cary was black; the advocate at Ven
ice wore red; the barber and surgeon
the duties of both were performed
by one person then-wore black; and
so on. In England, whence we take
our law and most old fashions, judges
were not deemed venerable unless
they wore gowns and huge grey wigs.
White hairs are looked upon as indi-
cative of advanced wisdom. In
all modern statute law the
dignified form and style
of ancient law has been retained. "Be
it enacted" is as potent to-day in
legislative act as it was centu ries ago
when the dignified paraphrenaliae of
the court room were instituted. The
forms of legal instruments are loaded
down with dignified expression, and
yet judge may seat hiWself upon the
bench with every appearance Of the
commonest clod-hopper, wearing not
only citizens clothes, but filthy in his
person, aud hence apparently impure
in his tastes. Law writing must be
pompous, roundabout, full of wise
saws and Anticipated terms, but the
judge may be a SLOUGH in appearance,
allowing lawyers to come before the
bench in filthy garD, with I'M
kempt persons, sitting Vuigarly in
the courtroom chewing tobacco and
smoking disgusting pipes. lounging
in chairs with dirty feet upon tables,
foaming and fretting and "bullyrag-
ing" each other, abusing and Will
flying littigants and alleged criminals.
Such scenes may be seen daily in
Texas courts, and yet the ancient
wording of the law must be adhered
to, or else the judge, who sits without
dignity on his bench, throws the
cause out of court. Here is a case of
straining at a gnat and swallowing
a camel. Courts should be dignified
in all respects-in outward appear.
ances IS well as statutory land
documentary matters. Judges and
lawyers who hang on the lips of Coke
or Blackstone should attach to theil
external appearances the same dignity
that is demanded in the writings of
courts. To hold to one and abandon
the other is absurd. One who has
gone within the really sacred pre-
cincts of the English courts under
stands the effect of dignity. Tht
court room is entered with profound
awe, for there is the majesty of law
personified in every surrounding
Drop the widest untutored cowboy
down into an august English court
room, and he would not dare raise hi;
voice above whisper, and had he &
six shooter on his hip he would throw
it away with disgust. Its surround
ings command reverence, and laws
and courts ought to berevered. Bysuct
surroundings, too, the judge is self ex
allied; his dignity is made su
preme and in his pride he maintains il
without an effort. The utterances Of
THE STATESMAN upon this subjec'
may be criticised, but one who ha:
regarded the effect of dignity in tn,
English courts can understand tn,
adaptability. The travelling" of Judi
cial ermine" is hackneyed expression
and yet the looseness and slouchines
, of our judges and courts are snch a
to make the expression absurd in thu
nature in which it is used. Give III
dignity in the court room; we would
have the gowns and even the wigs
symbols of judicial wisdom-as F.;
means OF exalting courts anC
those who wait upon anC
attend them. The Philadelphia law
yers are wise; they above all men I'm
derstand law, and they realize the eff
feet of dignity in administering it al
well as writing it. In spite of the ut
terances of one or two of the Phila
delphia papers on this subject, it il
hoped the report of the bar committe,
, will be adopted. And then tn,
STATESMAN hopes the custom vii
spread throughout the land, stopping
short, in mercy's name, of the Pecan
street injustice court. But the dig
nifying of courts would stop the exist
ence of any machine like thai.
; HAD TO GIVE UP HIS PET SCHEME
Blaine has been appealing to tn,
working people not to be deluded as Z,
the issue. He announces that tn,
controlling question of the campaign
is, shall American labor be protect
ed?" 1t is the issao al.cl every de
: mocrat should accept, to fight yigor