The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1885-11-25

II venture ~ CUH3cS.
At the last term of the Court Of
General Session for NCwbCrry
County, the grand jury rcc0mmcnd-
ed that the Circuit Judges of the
state be elected for life or good
behavior, and gave for their reason
that "Such plan would place the
encumbcnt above the desire or
temptation to seek public favors."
The Constitution Of the State pro-
vides that the circuit judges shall
be elected by the General Assem-
bly,, fora period of four years. 1t
is plain that before any change in
the tenure Of of this Office can be
had, the constitution, in this par
ticular, would have to be changed
by submitting the question to the
vote of the people. l do not sup
pose any conservative man will
doubt that it is wise to preserve
intact the Constitution of 1868, in
every particular, unless it can be
clearly shown that the proposed
change would be better. In this
Wow let us examine the reason of
the change in the trnure of office
of circuit judges, proposed by the
grand jury of Newberry County.
In the first place is it wrong, or
detrimental to the character of
a judge, to desire and seek after
public favor? I suppose the grand
jury in speaking of public favors
meant the good will OF the people
at large. In this, there can be no
wrong. If the object Of IL circuit
judge in seeking public favor is to
procure his continued reelection,
this certainly cannot be %repugnant
to the plan proposed by the grand
jury, for such a judge could remain
in office so long as he desired, with
out interfering in the least with
his learning or virtue. If public
favor is injurious to the character
of a judge, as such, it must be upon
the hypothesis that either public
favor is itself pernicious, or that Il
judge, in order to secure it, would
resort to dishOnorable or unjust
means.
TO say that public favor is per-
Il social fabric, TO say that the
judges Of South Carolina would re-
sort to liShOnorable means to keep
in Office, or to rise to higher office,
is an insult TO the men now upon
the bench. The Office of Judge in
South Carolina is "a high and
honored one, and very few of our
lawyers who reach that position
care to seek any other. If any
judge On the circuit bench in South
Carolina seeks any higher Office,
his road to preterment lies not
through the voice of the populace,
but through some other channel.
From the natt.re of the case, public
favor cannoG interfere with the
character of a judge, or with the
proper administration of Justice.
In civil cases public opinion is or
dinarily as much on one side ~ on
the other, and the judge would
lin his charge to the jury have to
steer a middle course, and the one
most likely to be the law, in order
to please the public opinion work
ing ON each side.
In criminal cases, public opinion
is generally against the defendant,
and for the proper punishment of
crime. 1T is nothing wrong forthe
judge to charge the jury upon the
law, as 1T is, in order to convict the
guilty of crime. If the judge goes
beyond the law, the Supreme Court
will correct him upon appeal. 1t
is proper for thejuries to have res
pect for, and confidence in, the
judges, for it is from the judges
they are sworn to take the law,
and upon the facts the Judge
is prohibited from expressing
any opinion, and if he does, he will
be corrected on appeal. 1t is too
base to think that a judge would
decide O. case through fear or fa-
vor, or for reward or the hope of
reward from the populace or any
individuals thereof. Bribery in
South Carolina has not yetreached
the judiniary.
No, it is right and proper that a
judge should feel the pulse of the
people at large, and that they in
turn should feel his learning, virtue
and power. A. reflex sympathy
existing between the judiciary and
the people will lead to a healthy
administration of justice.
On the other hand a short term
of Office makes the encumbents
mindful that IL is their efficiency
that makes them worthy of the
Office. The legislature of South
Carolina has not yet refused TO
re-eIect a single able and efficient
Judge, without a dissenting voice,
since 1865, except, bsrhaps, In two.
t.af. - 49, Te+. E1t~IrAq~X.<