Arizona republican., 1892-04-17
rHEJUDIc1ARY OF ARIZONA.

The telegram sent out from Tucson to
the New York newspapers, to the effect
that charges have been preferred against
Judge Joseph III. Kibbey, and returned
here and copied into the Gazette, is well
calculated to do great injury to tho ter
ritory generally, as well as TO Judge
Kibbey personally.
Every one who knows of the history
OF the bench in Arizona will remember
that no Judge has ever served out a
term without having charges preferred
against him. The duties of judge pre-
clude the possibility OF any one perform
ing them giving satisfaction to all par
ties. He must necessarily decide against
the interests of some OF the parties to
every case brought before him and it is
proverbial that the losing party is dis
satisfied. Indeed, this result is so inev-
table that Judge Mullet, an eminent
jurist who sat many years on the SUI
preme bench in the state of New York,
on one occasion, in rendering his deci.
sion OF case which had been tried be-
fore him made the following remark;
81 render judgment in this case i'll favor
OF the plaintiff. The defendant may go
down to the tavern and swear at the
court"
When Judge Kibbey came to this
district in 1889, there had been accum-
ulating for several years large number
OF cases and many of them were cases
of great Importance. Before Judge
Kibbey came the calendar OF the court
was SO crowded that it was not practi-
cable to get cases to trial without great
delay.
In the short time Judge Kibbey was
here before he was transferred to the
fourth district, he, by his industry and
judicial ability, disposed OF nearly all
OF the cases which had been pending
for years and the current business be-
side and cleared the calendar.
Included in the cases which Judge
Kibbey found pending, was the great
water suit which has been pending
since the year 1887. Nothing had been
done in the case until Judge Kibbey be-
came our Judge. The testimony in
that case alone covered about 1000 type
written pages and months were con-
sumed in the trial and argument. His
decision of that case alone is sufficient
to establish his reputation, not only as
an able jurist, but as an industrious
man, who has pursued his labors with
clear brain.
To say that Judge Kibbey has pleased
everyone in performing all these duties
would be too much-that would Of
course be an impossibilty and is not to
be expected; but that he has performed
all those duties ably and honorably no
one can deny. There is always a spirit
OF unrest prevailing about judicial pro-
ceedings everywhere, but this is much
more so in territory where the tenure
of Office of the judge rests upon the
ipsedirt OF one man, the attorney-gen-
eral OF the United States. The
temptation is greater for those who are
dissatisfied to assail the judge; and out
OF the turbulence and dissatisfaction
arising from the loss OF pending suits
oftentimes it has happened in the past
and it may be also expected to occur in
the future, that dissatisfied litigants
who have been unable to control the
court will attempt to Intimidate the
judge by appealing to the appointing
power to remove him and TO appoint
some one in his place whom they can
control. OF course their appeal to the
attorney-general in such cases is dis
guised under some false color. They
will assert anything against the judge,
whether true or uu'rue, in the hope
that thelr simple statements may be
taken as true and that the Judge may
be removed without hearing. The
above applies TO litigan,s and their
partizans, and also to another
s. class which it is diiiient to define.
They are peculiar to themselves
they cali themselves lawyers.
They have been admitted to the bar.
They pretend to practice law. They
are employed by litigants to advocate
their cases before the courts ana they go
before the courts as attorneys to repre-
sent the parties to suits pending. But
when the cases are called for trial they
are unprepared and are unable to pre-.