The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-10
A BETTER PAID JUDICIARY.
Judge speer Says That Is What Geor-
gis Wants, and Tolls Why.


gis Wants, and Tolls Why.
"The judiciary, the palladium Of our lib
critics." was the sixth toast at the board of
trade banquet Wednesday night. 1t was
responded to ny Judge Emory Speer of the
United States court, as follows:
Mr.. PREsIDENT-In his famous speech on con-
citation with America, Edmund Burke declares
that iu no other country in the world is the law
" 80 Generally studied. The British oommanSer
at Boston was Gen. Gage, and the eloquent
friend OF the colonies reminded parliament
that Gen. Gage had marked this disposition Of
the Americans. In an official report, Gage states
that all people in his government are LAWYERS or
snatterers in law, and that in Boston they have
been enabled by successful chicane to wholly
ital penal constitutions. With the opin-
ion OF the injurious effects of
their legal studies upon the American people.
held by Gen. Gage and his tory friends, the
eloquent and philosophic Burke did not agree
"This study" ne said, renders men acute in
Ousitlve, dexterous, prompt in attack, ready in
defense and full of resources. In other countries
the people, more simple and Of a less mercurial
cast, Judge of an i'll principle in government
only by an actual grievance; here they antici-
pate the evil ana judge of the pressure of the
grievance by the badness OF the principle. They
sugur mIsgovernment at a distance and snuff
the approach of tyranny In every tainted
breeze"
Mr.. President, these profound observations
uttered one nuuQroQ and eighteen years
ago. They were true then. They are true now.
There is nothing more interesting to the aver
age American than the proceedings of his courts
Of law. No people comprehend more clearly
those sovereign principles, fair play and com
mon sense, which are not only essential to tn e
administration Of justice, but the exercise Of
which is the administration of Justice itself. 1t
is well that this is true. Washington himself,
in his letter to Jay, rendering him the chief
iusticeship of the United States described the
judiciary as the keystone of our political
fabric. Laws" said Alexander Hamilton,
ARE dead letter without courts to enforce
them"
AS the nation has progressed on all the lines
Of human enGeayor its interest in the judiciary
has likewise progressed. That profound and
erudite lawyer, Mr.. Edward j. Phelps, whose
splendid endowments have honored this union
and the administration of President Cleveland
at the court of st. James, in his ad-
dress at the centennial Of the supreme
court, unheoitatingly declared: THE experience
of American free government has shown
that it is the tendency Of its judicial
power to rise in public estimation. 1t is but
further demonstration of the truth that is as
old as the history of freedom, that it must find
its safety where it found its origin, in the ex-
Ortions OF those to whom truth is better than
popularity and right superior to gain, and has
proved again what has been proved so often,
that the only liberty that humanity can tolerate
is the liberty that is under the law"
Surely, Mr.. President, if this widespread and
universal esteem for their judiciary is 30 noUa-
purpose If / shall take this occasion to place
before the clear sighted practical and patriotic
business men, who honor me with their atten-
ton, certain embarrassments which environ
their judges and gravely hinder them in the
effective accomplishment of valuable results in
the trial of causes. Effectiveness in a court is
everything It matters not if the persuasion of
the advocates is as sweet as the honey Of Hy-
mettus, which oVerhung the city of the violet
crown, nor if the opinions of the judges are
couched in Judicial rhetoric, whose stately
avian min et,a ,NrAg -
Cicero or Quintilian if the machinery of the
courts, the forms of procedure are such as to
deny to the merchant the fruits of his contracts,
II they deprive the iitigant of his money, or de-
lay HIM in the use of his estate, the court is a
fraud and litigation a delusion and a snare.
Now do not purpose to speak of federal
courts for the obvious reason that am fed
eTal Judge, but am for that reason none the
less a Georgian, native ''to the manner born. "
have a right to speak TO Cfeorgians and the
first thing shall say is this that il is not essen
tai to high judicial excellence to starve the
Judge. Now IL is related of Napoleon, when he
was a slender. young officer, in one of the
numerous riots of that unsettled period, he was
confronted by portly dame, of the amplitude
OF whose charms l cannot too broadly speak,
who with threatening gesture. exclaimed
Give me bread, You sristocrats are starving
the people, MY good woman, said the at
tenuated Corsican, you do not look as much
like you had been starving as do Now In the
presence of the illustrtous Judge of the Eastern
circuit, with whom / may say that he is q
charming illustration of Tony Weller's philos-
ophy, you'll find that as you get WIDER you'll get
wiser width and wisdom, Sammy, always
grows together-my argument may
lose some of its force. But, Mr.. Chairman,
there are of course jurists whose frugal habits,
abstemious lives, mOnastic virtue and rigid
economies have accumulated store Of this
worlds goods whose income enables them 60
administer justice, and at the same time bid
defiance to penurious. policies which accord to
public servants charged with the custody of the
liberties, the properties the lives of the people,
a contemplate salary hardly equal to the pay
of policeman. There was never more beg
carly policy. There is not judge in Georgia,
unless he is a man of independent wealth, who
does not add to the inestimable service
which he renders to the people the pain
full price which comes from the denial
of simple comforts to his wife and children and
to himself. The miserable pitt6nce of two thou
sand dollars year is the salary of a superior
court Judge In this state and there is not law
yer IN Georgia whose learning and capacity fits
him for judicial life who cannot earn infinitely
more by the practice of his profession. But it
may be said, THE judges may resign" That is
true; but the argument is mean beyond ex-
preston, am not, however, thinking so much
OF the judges as am of the people, With rare
exceptions they will utterly fail to secure
the mental ability essential to the diff
cult and responsible duties of the judge
ship for a compensation so wholly inadequate.
The brilliant mind OF Toombs never uttered a
more dangerous eplgram than when he said in
the constitutional convention Of 1877 abiding
liquor, let them pour it back in the Jug Many
OF them have poured it back in the jug,
and the people have lost in the conduct of their
business all that effectiveness which comes
from skill, experience, learning and familiarity
with Judicial duties when added to marked
native ability. An easy illustration is at hand
The lamented Adams was driven to resignation
by the stingness OF this unworthy policy, and
while the people of the Eastern circuit may fe-
lcltate themselves that his uustained ermine
fel upon the shoulders Of the loyable and dis
tlngushed judge who is your guest tonight,
this was in despite of the pitful salary.
Mr.. Chairman, the people OF Georgia must
take hold of this subject. The administration
OF Justice is suffering The constitution must
De changed and adequate COMPENSATION pro-
Vided for men who abandon their professions
and devote their lives and learning to the service
OF The people. Not only must the salary be in
creased, but the tenure of Office must be eX-
tended Associate Justice Brewer in a recent
address at Albany notable for its practical
wisdom, expresses the hope that he might live
10 see the day when the state judges of general
jurisdiction, like the federal judges, should hold
Their offices during good behavior. Nothing
contributes so muc1 to the independence and
the elevation of the judiciary; nothing 80 great