The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-19
Why We Need Another Judge.

With judges salaries payable by the
state, instead of by the counties, it is
perhaps natural that the more orderly
portions Of the commonwealth should
object to the creation of additional
judgeships in communities where petty
litigation Is uncommonly abundant.
We cannot, therefore, criticise the argu-
ment of the Philadelphia Press against
the demands for new judgeships likely
to be made upon the next Legislature;
from that papers point Ofview its argu-
ment is logical and reasonable. If
there could be, under the constitution,
a proper division Of the state" it is
probably true, as the Press contends,
number Of judges (S5) would be suf-
ficient to transact all the proper busi-
ness of our Pennsylvania county courts.
Laying aside, however, the theoreti-
cal aspects Of this case, let us ask our
contemporary if, under existing cir
cumstances, it thinks the cost of one
additional Judge should stand between
the 1901 goo inhabitants of Lackawanna
county and proper and prompt clear
ing-up of our increasing court dockets.
We concede that the assignment Of four
judges Is theoretically a large appor-
tionment for this county Upon the
basis of an equitable division, and with
more rigorous laws to prevent the
bringing into court of cases which
ought to be settled outside, it is
possible that three judges, if unusually
active and persevering, might manage
for several years to keep pace with the
business Of our courts, although this
might easily give rise to undesirable
haste. Such a basis of calculation
however, is somewhat distant from the
actual condition that now exists. This
is a county Of abnormal Mitigation. Much
of this litigation, involving as it does
difficult technical points with reference
to coal leases and contracts, Is neces-
sarlly slow in its progress through the
courts. Our dockets, as a consequence,
are already much overcrowded and the
growth in the volume of our legal busl-
ness upon the whole renders doubtful
the possibility that three judges will
much longer be able to keep pace with
it, and continue to give public satisfac-
ton.
Although Lackawanna county has at
almost every term of court for the
past two years called in two or three
judges from neighboring judicial dis
tricts to assist the resident judges in
disposing Of the great mass of cases to
be adjudicated in the different courts.
1t has not been found possible to do
much more than keep abreast of litiga-
tion. The common pleas court is two
years behind time, and many criminals
escape the punishment their acts Justly
deserve, because it is not possible to
bring them to trial soon after they have
violated the law. Cases of this kind
are continued from term to term until
prosecutors become disgusted and
weary and quite willing that the ac-
cused should go scot-free on the basis
of paying the costs. These delays
cause the fees of witnesses to be greatly
Increased and take thousands of dol
lars out Of the county treasury each
year.
Under these circumstances it would
very manifestly be cheaper to give
Iackawanna county an additional
judge, would it not, than to gradually
destroy the usefulness Of our courts by
overcrowdng them, or to seek vision
airy relief in the creation of superflu-
Gus new county with its expansive po.
lltical machinery and necessarily
higher tax rates?