The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1886-10-21
T..e .Judge Businesg.

There appeared in q recent copy Off
the News and Courier, a letter from
MrJ. f. j.. Caldwell, prominently
lawyer of Newberry, zealously advo-
eating the propriety, yea, the allegedS
importance, of going outside of thu |
Eighth circuit to- find successor to a:
Judge Cothran. Mr.. Caldwell does
not reside in this circuit but he took the
precaution to fortify himsef against any,
accusation of selfishness; or of seek
ing his own promotion by saying that
he was not after the honor himself.
He is right in saying that the law
does not require the. selection to be
made from the lawyers who reside in
I the Eighth Circuit, that.the custom of
Selecting resident lawyer Judge of
Snny given circuit has prevailed only
ssince 76.
a This remarkable epistlo concludes
Gas follow..
q "It, therefore behooves the Leg
Sislature to select tho best available
S5man for Circuit Judge no matter with
u in which circuit he may reside at the
s Stime of election, for he is to be
ga Judge for every circuit and ovory
sScounty in the State and surely the
gpeople Of the State ore entitled to.
S&tho best man available for the office.
GThe Circuit Judge must reside, while
S8in office, in the circuit for which he
EEiis elected: but he may, Of course,
4; ;moyc into that circuit after the cleo
8tion.
q Idonot mean to intimate that there
i8is no lawyer in the Eighth circuit fit
ID ito succeed Judge Cothran, and it liz
every certain that 1 shall not attomp@
jsto secure that honor for myself; but
FL fell it my duty to direct attention.
&to tho question about which have
%attcmptcd to write, and to do what
giles i'll my power to prevent the Leg
:sislature from being controlled by the
SSusn9e which has no foundation in law
s'Or long established custom and which,
3may hereafter lead to evil consequen-
gcts.
q Imay add to the considerationsl
nabUvo set forth--which I concede nre|
snegative in their character cr~-the sug!
Tge,,tion that where Other things are,
equal the choice of Judge for cir
acuit ought rather to be i'll favor of thcI
Gone who has not resided in that clr-
Scuit; for stranger to the individually
Iwhoso claims or defences are to bos
adjusted is more likely to be free fromE
Hpreiudico for or against them, than iRs
Zone who has resided amongst themE
! and formed his opinions in regard toE
them. [ do not, however, urge, thiss
spoint III connection with the vncancyS
Sbofore us, for I take pleasure in sayingS
Sthat believe that the Bar OF theS
Eighth circuit embrace many men whos
swould successfully guard against any
Sblas whatever i'll their administratonss
Sof the law
q The first paragraph quoted calls
n attention to the fact that q Judge isl
sSSSselectod "for every circuit and every
q County in the State" and the last
& paragraph, gravely asserts, that other
#things being equal, the choice should
d be in favor Of ore who does not re-
!S;sidc in the circuit, for which no is
collected, rs such one would more
Elilloly be free from prejudice for
f,or against litigants, than one who
CHAD resided amongst them and form
Sed his opinions ''appearently forget
Sting that he had already said that any
aJudge would hold court as often in
SCharleSton as he would in Pickene
His argument carried to it's legitimate
Sconclusion, lends to the absurd prop
POSITION that it would be best for us
! to import Judge from North Carroll
| ma or Georgia.
We see no reason why the writer
SHOULD have disavowed any intention
I to eliminate that there is no lawyer
in the Eighth Circuit fit to succeed
Judge Cothran." 1t would require q
sgreat deal of ingenuity to draw such
an inference. No; every such infer
Ience is prima facie, contradicted.
He vas evidently propelled by a senSe
,of "duty" just as an ocean steamerI
,is propelled against winds and waves
and sometimes rocks. How can oneI
read it without being overwhelmed
with its moral sublimity. The evils
the State has suffered from this Gus
tom since 1876 must be ayertod in|
the future. But the declaration that
thi8 custom will lead to evil conseque-
ces must be received by faith There
is no argument, or precedent to es-
tablish the fact It is lett to the
imapination of the reader and theI