Evening journal., 1888-07-11

lfcatlOn or sucu 1hets may De nn
injury indirectly 20 the community and di-
rectly to bis creditors, by destroying conf
dencs in bis eolvency, IL 1t can be shown
that up TO the time Of such publication be
was making an honest effort to pay his
debts, without imposing upon the conf.
denca Of auy one, and that be had reason
able chance Of succeeding in this effort Ths
Morning News az probably aware Of Mr.
CummiDs's financiAl troubles Es soon es any
one, bat it was led 70 believe by the assur-
ances OF responsible persons in whom II has
confidence thet the minimum injury to
the creditors would result from giving Mr..
Cummins etill further opportunity TO meet
his obligations
Unfortunately for Mr.. Cummins, how.
ever, he holds Judicial position, which
although minor 10 It's juriodiction, Is never
theless as important within its ope as
any. 1t does not need to be said that what
| Ar. Cummius or any ether man may do,
as private cltizan, without public cen
sure, neither Judge Cummips ncr any
other judge can do without destroying the
respect aud confidence necessary to the
wholesome administration OF law. In the
case Of 4 private citizen dealing In money
matters with his friends and neighbors
there is presumption that the
friends and neighbofa will have sufficient
sense to see that they are not cheatsd,
that thore is good security for ali moneys
lent. and that sll the necessary
conditions Of the bargain or arrangemeni
are precisely as they are represented 70 be
Bat 10 tie case Of Judicial oficer the pre-.
sumption Is that the man himssf posyesses
uch character that the ignorance. credu-
lty or carelessness Of those with whom he
may have financial dealings shall work
them no insecurity or lose. and that however
needless or improvidsut he may he on his
own account. be win omit no precaution
or tho security and entire safety Of nll
those who placs financial con6denca In him.
Upon the prima facis statement of the
ease ageinst Judge Cummins he hes pur-
sued mort extraordinary courpe What.
for example, must we think OF o man who
has obtained s25 COO by mortgage on prop
srty assessed at l0oO0, or Si9 0o0 BY
mortgage en- property assessed at Sl2 O0Ol
Everybody knows that fifty per cenium Of
the assessed valuation is as high as moneJ
con be lent on mortgages with safety 10
he lender, and judge would be thought
70 be the ono man who would not exceed
this limit in any money which be nigh
nave occasion to borrow The reported
facts point toward a single alternative
sither that Judge Cummins did not know
any better, or else that he knew a great
deal better. In either case he Is not the
man to Oh a Judicial position.
We understand that he does not mean 10
resgn-that be sees no occasion for such a
stsp on his part. From his poins Of visw
this is a natural conclusion. For him 10
eesign would be to confess that be Is guilty
and every man Ia loath voluntarily to do
anything which wears the color OF a con.
tessieu Of guilt, So long as Mr. Cummins
holds TO shis determination he cannot be
driven from the bench by public opinion
But 10 is clear, as The Morning News said
The Other day, that he ought either 60 re-
sign or let his resignation depend upon thp
resnlt Of On impartial investigation. We
10 not imagine that he win ask Tor a.
investigation, but there Is one body ia the
county that has tie power and che
competence and the self.intarest 10 investi.
gate bis financial transactions, and IL ought
20 act. This body Is the bar Of New Castle
county Tho charges egsinst Mr.. Cum
minis. aa a member Of this bar, cast re
pFoach upon the whole body, aud viii con
tinue % do 90 until they are eisproved or
he is expelled. There il no one responsible
FOR a lawyer except bis fellow-lawyers,
and they GRO responsible 10 a peculiar sense.
Unless they see to il that good leiih and
probity characterize The professional cen
duct OF each member the reputation Of the
whole bar VIII suffer. The questions
affecting Mr.. Cummins are peculiarly
euch es his fellow lawyers are
eomPstent 70 pass upon; and II
upon due scrutiny. they should decide that
he had acted in bad faith. that he had
decstvea men and women in the perform
ance Of legal duties which he had under
taken 10 perform, and that the non-per.
formance OF thess legal duties was both In
violation OF an obligation and in agreement
With his own personal interests, their de.
cision would be accepted AZ conclusive by
every one. including Mr. Cummins hinself
The bar OF New Castle county has it in its
power 20 relieve the community OF what.
as the matter stands. is a scandal Of the
grossest kind, involving tho reputation OF
he bar, the good name OF Wilmington aud
she administration OF jaatics.