The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-03
,r,umnh,l ana mus, feel that there they

triumnbs. ana must feel that there they
must xin their reputation. and from 1t
haad down their names. to posterity. TO
the lawyer who has gown old ana won
success this seems hard rule. out look
ing to the welfare of the state IL is best.
The bench cannot be made rest place.
for those who have given the best years Oh
their life to the bar, and are worn
out in its fierce contests.
Experience shows that those who are
nut on the beach early make the best
iudges-such men have to make their
mark as judges-they are not made Judges
at the close OF life as reward for as
tinction won In their pf line. TO judge
so appointed judgeship is his profession.
and to 1t he devotes the energies OF his
life, and he is the better judge for SO
doing.
The judicial profession requires very
different training and qualifications from
the profession OF the advocate. We all
know that many men who were great at
the bar have been failures on the bench.
Ersline and Brougham were conspicu-
GUS examples, but many others could be
named. Who has not noticed that OLD
lawyers, or new judges who were old law
yers, are set in their options, warped
by some fierce contest at the bar. and on
the bench, even under argument. cannot
change the bias or straigbten the bent.
The mind Of the young judge is 'tabula
rasa," without bias or bent. ready TO re-
ceive and digest an argument and TO
hear both sides without the warp sprung
from the recollection OF some point he
once argued or some case he once lost.
This makes him the better judge.
Illustrations of this are conspicuous
and numerous on the bench Of both Eng
land and America. Virginia furnishes
most c,nspicuous example in Spencer
Roane who assumed the ermine at TWEEN
ty-seven years Of age. No man mas Ielt
such a heritage of judicial lore 10 MS
successors. Bushrod Washington pas put
on the supreme bench OF the united
States at thirty-six. and every year the
profession accords him higher status
as n iurist. Marshall was made chleI
Justice at forty-six. We need not, there
Tore go outside of Virginia for
example. Let us follow tne NON
ored precedent of the past, and secure
iudees who have not yet crystalired'
have gotten into no ruts. and are Tree
from cranks and twists.
Second. Other things being equal let us
give precedence to such Of our poorly
paid circuit judges as have proved them'
selves competent. There are a NUMBER
of them In Virginia. who are young
enough 10 comply with the trst requisite
and whose fitness has been tested IN the
sure crucibIe of the circuit bench. They
have been educated in the profession OF
Judge. and are better fitted to discharge
the duties of the appellate bench
They stand properly in the line OF pro-
motion, and, II worthy, we shoulu pr
mote them. Thus. and thus only' can We
secure men whose fitness we kiio" Wy
actual trial-the only sure test the
nav Of our circuit judges Is contefnptiDie'
and good men are now only secured unuci
nno,,Iiar and accidental circumstances.
That we may continue TO secure thetn
I'VE must hold out all possible temptations
and there can be none greater than the
LnoyIedge that II they well perform
their duty they will be translated 10 a
bIober nIane Such a hope both acts anu
reacts for the good Of the Pubic II acts
IN Inducing good men to take circuit judge
shtns and reacts in exciting them to
sraoter effort in the conscientious ols-
charge of duty on the circuit bench
Tho nrecedents of Virginia may again
he cited. Up to the days OF recons'i uO-
tion. in 1866. Of the twenty-five Judges
Who had occupied our supreme Dehch' az
hut five were promoted from the clicui
| courts. and up TO that time every pref
| dent of the court had been so promoter
Tha neriod during which this custom pre-
,,aiIed was the classic age Of our juris-
nrndence. and it is meet that we should
follow the teaching of our fathers
in a custom which worked such great re-
suits. -
These. Mr.. Editor are my two sugges-
tions. / have said nothing Of the require
ments of learning integrity dignity and
conscientious devotion to work and 10
duty. All admit these essential. About
| them there is no dispute. and 1t is useless
10 take your space in discussing them.
I never was a Judge; l am only
A LAWYER.