The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1889-07-18
The Judicial Ermine.

The Judicial Ermine
In the institution of our government
it was separated into three coordinate
departments-the Legislative, Executive
and Judicial-distinct in their spheres of
duty, but all converging to the one point
of securing the enactment of wise laws,
faithfully executed and impartially in
terpreted. The equal rights of all citi-
Zens and the general welfare, We're the
cardinal objects to be attained. The
Legislature was designed for the enact
ment of statutes to meet the wants and
emergencies of community; the EXecu-
tive Department to enforce them as
enacted, and the judiciary to construe
them SO that they should not conflict with
the fundamental law and the immuni-
ties it guaranteed.
Of these three departments, while one
is equal to the other in Importance and
equally essential, the judiciary has
hedged about it a dignity and sane
tity that do not pertain to the Others
To it is appealed all controversies grow
ing out of the laws enacted and the
manner and spirit of their enforcement
1t is the resort of the citizen when either
his personal rights. his property OF his
life is in peril or is invaded, with conf
dence that wherein he may have been
wronged. he will be righted While
the investiture of the judicial ermine,
does not abridge the rights of the citi-
zen, SO honored. it imposes a restric
ton upon their use and exercise to the
end that when contentious arise grow
ing out of legislative or executive action
impartial consideration may be given
the matter in dispute, and justice admin
istered free from party or personal bias
1t is this segregation that has clothed
the judiciary with sanctity and com
manded for it a reverence that attach
to neither of the other departments
Public sentiment has been so educated
and public thought so trained under
this understanding of the sphere and
mission of the Judiciary that they are
shocked whenever there is a departure
from it. Of all things, the people desire
to keep the Judiciary free from the
faint and contamination of partizen pol
itics, and hold it aloof from the cOnten
tions and asperities which seem almost
inseparable from the legislative and ex
ecutive departments. 1t is the deposi
tory of the most sacred muniments oil
the citizen, the defence of the Constitu
ton, and the palladium of our liberties
Recent occurrences, involving the pro
prieties of the judicial position, have
invited these remarks. In our own city
few evenings ago, the Judge of the
City Court was put forward as a candi
date for election as delegate to a Stat,
political convention. We do not know
that it was done with his consent. L
was an indiscretion on the part of hi
friends, if done without his consent. L
was an indiscretion on the part of him
self and friends if done with his consent
In either case it was ineXcusable ant
censurable and an offense to conserva
tive public sentiment.
In another case the Judge, of the West
ern judicial District of Virginia. wht
holds his position for life, or during goo(
behavior invaded the privacy of thu
family to formulate charge against al
applicant for an office, and emphasized
his protest by his official signature. Hi
acumen as lawyer was not observed
in the act, for the charge he preferred
was denied by the only person who coult
4 % Il,
Judiciary was compromised, in that it wa
out of place for Judge to interfere il
what was merely a political squabble
whatever other phase might have beef
sought to be given it, The citizen, will
proprety, might assign his reasons of oh
lection to an appointment. The Judge
in his official capacity. could not procee(
in the matter until an offence against Law
had been committed and arraignmen
made.
We mention these instances of a les
sening of Judicial dignity in no spirit o
captious fault-finding, for in neither cast
were we personally interested. 1t is tx
call attention to an evident tendency tC
rob the Judiciary of its traditional sane
tity and to remind the people of dut,
they owe to themselves to frown dow
all such invasions of the dignity of thi
great bulwark of their rights. Th
Judiciary should be held apart from pc
litical controversies. Blind Justice SHOULD
at all times hold suspended the balances
and the spirit and purpose of our insti
buttons, as founded by the fathers, con
nuritV