Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-25

After long labor and much tribulation Wash
ington has secured the creation Of o court of
appeals. In the debates upon the legislation
establishing il Congress emphasized in every
way the local aspects not only Of the proposed
but the existing court. The life tenure feature
was attacked on the uncontradicted ground
that this is not a constitutionally provided
United States court. No provision was made
for retirement Of the appellate judges. Instead
OF following the usual method Of meeting the
expenses of United States courts the cost was
imposed one-half upon the people of Washing
ton, the court being treated a in precisely the
same category as other purely local institu-
tions. The local favor Of our courts was fur
Their intensified BY taking the existing supreme
court from the list Of United States courts
whose expenses are paid exclusively by the
United States, and placing 1t in the category of
purely local institutions, one-half of its cost to
be locally met The claim Of Washington to
local appointments on the local bench, already
strong under the democratic home-rule plank
and in reason and justice, has now become log
ically irresistible And yet doubts verbally
pressed are heard every day as to whether
President Cleveland will give to the
District all or two or even one of its
appellate judges. These doubts can hardly
have substantial foundation. In the neglect of
the District by its statute-enacting body it is
governed to an unusual extent by modern
court-made law. built upon the Interpretation
and construction of venerable statutes. many
Of them of doubtful application. The vast
power Of the Judiciary in all parts of the re-
public is augmented here in the District. The
task of creating in its entirety the appellate
judicial tribunal of a community of quarter
million of people is one of tremendous respon-
sibility. Ihs question is not one of giving
an Office to this or that man. it is not one of
pleasing q political party, or a personal or
political friend. or even Of gratifying the local
bar, II by any strange chance il should happen
to be united il respect to the appointments.
The problem is the selection ot lifelong judges,
dealing with property-interests, liberty and
life. at the capital of the nation. with the power
to WELD . vaster, farther reaching. more con-
tinuous influence over the material and physi-
cal destinies Of its quarter million Of people
than any other three men In existence. Wash
ngton is entitled to demand from the Presi-
dent the exercise Of the most thoughtful con-
sideration in forming this tribunal. Acquaint-
ance with the peculiar court procedure in the
District, differing SO widely from that of the
code states, and some acquired facility in ran
sackins the intricacies Of our confused and
complicated substantive law viewed as essen
tial to prevent new judge from serving sort
of judicial apprenticeship. with the inevitable
dstriment TO the local welfare. The District
bar is large in numbers and strong in ability,
and furnishes the best material out of which to
make District judges. 1t is not to be expected
that the President will inictrpon the capital for
its appellate court tribunal composed entirely
or largely of strangers, to try their prentice
hands on our highest local court in constru-
ing laws which they DO not know and in en-
forcing procedure with which they are unac-
quainted