The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-12-06

A CLEAN SWEEP.


A CLEAN SWEEP.
We confess to some little surprise at
the result of the election for judges held
by the Legislature last Friday. There
was a time in South Carolina when
experience, learning in the law, and
some degree Of ability were considered
indispensable qualifications for the po-
sition of q judge.
In these strange times which are now
upon US, it would seem that these quail
ifcations are no longer not essential,
but are not even considered. The
main consideration now seems to be
whether or not the aspirsnt is true
and faithful reformer, and whether or
not he can be counted on to decide
questions Of law in accordance with the
ideas Of modern reform.
We say we confess so some sur
prise at the result. We rather ex-
pected to see Judge McGowan retired,
not because he was in any way inefh-
cient, or had in any manner been un-
true to his State, o, had in any sense
been a partisan, or messed at all with
political questions, but some time ago
his health had not been good and this
fact could be used as an excuse, and
then, too, there were reformers who
wanted his place.
Judge Hudson, though one of the
best lawyers in the State, and one Of
the ablest judges, had not, on account
of some ofhis decisions, been agreeable
to Gov. Tillman for some time, and did
not measure up to the Governors ideas
of what should constitute a judge, aud
so we were not surprised that he was
left out, though We did think they
would be able to find a man for his
successor who had some reputation as
8 lawyer.
We did expect to see Judge Wallace
reelected. He has the ability, the
egal learning, and his last decision in
the dispensary case was directly the
opposite Of the opinion announced by
Judge Hudson, bat we suppose, as he
was considered not in political sympa-
thy with the dominant element his
head must go too. Judge liar was un-
Objectionable so far as We know, except
that Mr.. w. G. Benet must be paid for
certain services performed. The great
est surprise is that amidst the great
slaughter Judge Witherspoon was not
molested.
A great many persons, strong among
the Tillmanites, have been heard to de-
plore the fact that Judge Wallace has
been left out. We can only say that
yor Aeed not be surprised at anything
that is done in these times in the name
of reform.
The gentlemen who have been
elected are pretty good fellows so far as
we know, but none of them have been
considered profound lawyers. But it
will all come out right yet. We must
only wait and be patient. Such revo-
lutions as we are now going through
always reach their end. If the people
can stand it, We think we can, as
very small part Of them, stand it also.
It is to be regretted when politics
takes charge of the Judiciary, and men
are elected to hold the scales Of justice
on account purely of party or factional
service. The bench should be as free
from politics as it is possible to have it.
The liberties of a people are not safe
under such conditions. The Herald
and News advocated some years ago
a change in our law so that judges
would be elected for life or during good
behavior, our purpose then being to
have the judiciary IS for removed as
possible from the communicating in
fuences of politics.
Only short time ago we expressed
the hope that political considerations
would not enter as factor in the cleo
ton of judges, but that men would be
selected for these exalted positions by
virtue of their ability and character,
their learning and fitness for the posi-
ton. The men who have been deposed
possessed these qualifications and lin
addition several years Of experience on
the bench. The new men are untried
and at least have not the experience.
But we still have faith in the people
and the ED will come after awhile and
things will be properly adjusted.
Still we cannot but regret that politi-
cal considerations should have been
the moving cause in retiring good and
true men.
The new men are all young and we
have no doubt will do their duty as
they see and know it.
Shall we consider it a compliment or
a reflection on the first and fourth cir
cults that not a reform lawyer could be