Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1893-11-04
IN THE HANDS OF THE JURY.

| .. n. FlltH, OF tustef
IN THE HANDS OF THE JURY.
The judicial campaign in the seventh
circuit Of South Dakota is rapidly draw
ing to a close. The opposing forces are
outstanding their strength for the su-
preme effort which remains to be made
on election day, and next Tuesday the
verdict Of the voters must be rendered
and recorded. The responsibility of the
elective franchise never rested with
greater weight than il does this fall on
the shoulders OF those who vii! cast
their ballots at the various voting places
in Custer, Pennington and Fall River
counties, next Tuesday. Never were
they called upon to decide issues of
more vital importance to every man,
woman and child residing within the
boundary lines Of these three counties,
and the thinking, reading man who at
the close Of this campaign, deliberately
votes against their interests and welfare,
and his own, cannot charge his action
TO his ignorance of the situation. No
department Of our government is so in
timately and deicately related to the
home and the daily life of the citizen,
as is the judiciary, and that the hand
which holds the scales Of justice be
strengthened and guided by learning,
wisdom and integrity, is need as i'm
peratiye az that of just laws. When
ignorance, inexperience and fanaticism
fiaunt themselves in the face OF the peo
pie, and with unparalleled presumption
demand recognition and position on the
judicial bench, the situation is indeed
grave one. And yet this is the situa-
ton in the seventh judicial circuit,
where intelligent people live and rule.
The campaign has been a warm one,
and from it's inception the CHRONICLE
has been an active and earnest partic-
ipant II has not beet actuated by a
desire for partisan conquest, but a
knowledge of duty which it owed TO
the community in which it has existed
for more than decade, has impelled it
10 take the part il has in this battle of
words and sentiment. Honestly and to
the best of its ability, it has performed
this duty, and had the political condi-
tions heen reversed it would have taken
just the same position. The fact that
election will soon be over cannot give
our readers any greater satisfaction than
it does ourselves, and now for the last
time We wish to call their attention to a
few plain facts which have an important
bearing on this judicial contest.
Two years ago VIM. Gardner, of Rapid
City. was appointed judge ofthe seventh
circuit by Gov. Mellette, to succeed John
w. N0wlin, deceased 1t is seldom that
q man of Mr.. Gardner's age at that time, +,
is so honored and trusted, but his
splendid classical education, his remark
able success before the bar during his
years of practice, his freedom from
party or factional entanglements, and
his manly and dignified bearing strong
| ly recommended him to the chief exc
cutive OF the state, and the appointment
was made. When Mr.. Gardner accept
ed the appointment he sacrificed
lucrative practice, which i'm all PROBABLE
i.y was worth more TO him, pecuniarily,
than the iudgeship. At that time he
was practicing attorney in the circuit,
state supreme, and U. $. courts. and had
thirty cases pending in the first, five in
the second and ten in the third. From
these figures it is evident that his ability
and trustworthiness as an attorney had
been recognized, and it was a practice
of this sind which he resigned when he
became judge of this circuit. That the
appointment was a wise one, has been
clearly demonstrated by his record on
the bench. Combined with his other
qualifications were practical business
like methods, and through them the
three counties of the circuit have been
saved thousands of dollars in the last
two years. His terms of court have
been as brief as possible. Not an hour
OF time during which jurors and wit
nesses were drawing pay, has been
wasted, and never has an adjournment
been made until all cases ready for
trial had been disposed Of Old actions
that have been hanging fire in Custer
and Fall River counties for years, have
been tried, the docket cleared, and an
end put to accruing costs. In brief,
duriDg the two years he has served the
people in a judicial capacity, he has
Justly pushed to final disposition twice
as many cases as were tried in the cir
cult during the interval between the
admission of the state and his appoint
ment. And crowning this magnificent
record is the fact that in not single
instance have his rulings been reversed
by the supreme court. Manifestly fair,
based on sound and infallible principles
Of law, his decisions have been sustain.
ed each time that an appeal has been
taken to the higher court. 1t was this
record that commended Judge Gardner
to the bona ide citizens and taxpayers
of the seventh circuit, and led them to
demand in unmistakable accents his
nomination and election this fall, even
before he had consented to the use oI
his name as q candidate. And on the
9th day Of September, 1893. the choice
Of the masses Of the people Of the Sew
enth circuit was nominated without q
dissenting voice by the republican con-
vention which was held At Hot Springs
on that date. He Is opposed by Levi
McCee, Q man unread and inexperienc-
ed. a. the records prove. McGee came
into public notice as the Independent
candidate for couuty judge Of Penning-
ton county. He vas given the nomins-
ton prior to the time when the holder
Of such an ofiice was required to be
learned In law. He was elected, re-
nominated and re-slected. Five years