St. Paul daily globe., 1894-02-05
JUDICIAL PROPERTIES.
The Globe Criticised and Its
Reply.

TO the Editor of the Globe
ST. PAUL, Mimi, Jan. 80. 1S94.-Your
reference in this mornings issue OF
the GLOBE to Judge Willis is at least
ungracious. The sereed referred to is
Haunted under the headlight of large
capitals as ''an unwarrantable proceed
ing," and ushers TO the public the
portentOUs news that the Judge actually
committed the unprecedented outrage
of inviting Rev. Samuel G. Smith,
clergyman, to seat on the bench at his
side during a session of court, coupled
with the solemn and chilling announce
ment that it, i. e. the GLOBE, "can-
not look with favor or even with tolera-
ton upon the incident of yesterday"
The distinguished gentleman who is
receiver of your paper once adorned
seat on the district bench, and unless
my memory has grossly lapsed, commit
ted similar flagrant violation of prec-
edent at Hastings, although the recip-
lent OF his courtesy was lone of the
wicked,' i. e., lawyer. and not even
Judge. One OF my first visits to court
room was at Ballston Spa in 1850, the
term at which l was admitted TO the
bar, at which the venerable Judge Dan
iel Cardy (clarum ct venerable nomen)
presided. He delighted such members
OF the bar as William A. Beach, Samuel
Stevens and eX-Judge Hay by inviting
to seat by his side Hon. Howell Gard
ner, a plain farmer of Saratoga county,
man who was all ideal type of
the Drobity which is believed to embel-
lsh the judicial ermine. So much for
tradition and precedent" You say:
The judicial and ministerial functions
are entirely distinct, There is no affiil-
ity between the two; there is seldom
much sympathy" Edmund Burke says:
''lt is the glory of English law that its
handmaidS and supports are religion
and morality; they lay hold on each
other" So much for the want of ''affin-
ity and sympathy" The courtliness
and personal purity of Judge Willis
supporting his learning, which is un-
common at his years. have at the
threshold of his life elevated him to a
rank which by common consent he al
ready adorns.
There was, however, special reason
for the extension of this courtesy to DR..
Smith. The judge and clergyman have
long been members of the state commits
sion of charities and correction, and
were co-delegates TO the national associ-
alton. The morning animadverted upon
the judge charged the grand jury, and
germane to his duty was the charge at
that time given upon child labor. If
the court had even consulted DR.. Smith
upon this topic OF the charge it would
have been in the highest degree
commendable. The clergyman re-
ferred to is worker on the road"
and goes about doing good even to the
'highWays and hedges" as did his
Master. | remember driving in the sub
urDs of the city one Sunday last autumn
as DR.. Smith was coming out from
prominent but quiet and respectable
saloon. My curiosity led Inc to inquire
OF the proprietor into the object oil the
visit, who answered me that he wanted
to rent the hail in the upper story for
Sunday school. My German friend
SAID he thought Sunday school and
beer garden were ill mates, if they did
keep open Sunday. l believe your
patrons generally regret the publication
Of tue editorial to which l refer.
Your contemporary the Pioneer Press,
has lately published still more raEcor-
Gus criticism against DR.. Smith, and
system of articles against Judge Willis,
which are subject to severe malediction
because they attack his judicial motives
gronndleSsly and with what appears
like malice. The gross fallacieS of the
effuSlonS referred to could be punctured
with ''pigmy's straw" but this COM
municatlon has reached an unreasona-
ble length. think much good might
be done by occasional severe reproba-
ton OF the license of the. press, but il is
too late in life for me TO adopt the role
Of censor. Truly, JOHN b. BRIsBIN.
= The GLOBE always welcomes any
thing from the pen of its ancient friend.
John B. Brisbin. He always appears
clothed in graceful English and classic
Latin, and abounding in ideas. Some
times his ideas are sound and at others
questionable. His communication in
this mornings GLOBE, i'll which he
criticlSeS the article which appeared in
this paper on the 30th of January last,
referring to Judge Willis and question
ing the propriety Of his inviting Rev. S.
G. Smith to sit on the bench with him,
does not do the GLOBE justice. In that
article we simply pointed out the doubt
full fitness or his having any priest sit
ting by him on the judicial bench. In
order that we should mol be understood
to have any particular objection to Dr.
Smith we took especial pains to pay him
a marked compliment as man and
a citizen, which we take great pleasure
in again repeating. and we also in the
same article spoke in the highest terms
of Judge Willis. 1t was only the act
that we questioned. If Judge Willis
was little more discreet in the issuance
of mis- invitations to a seat ON the bench
by his side, perhaps the DIR. Smith cpl
sode would not have been publicly
noticed. If we remember correctly, it
is only short time since the same
courtesy was extended by him to a party
with a rather unsavory reputation, and
the startling spectacle of this gentle
man occupying the citadel of the temple
of justice WAS quite generally CON-
mented on by the bar. Many things
can be overlooked in a judge whose good,
sound sense holds him to the straight
and narrow judicial path. but the same
lepiency will not be extended to the
judge who seeks sensational notoriety
and appears too often in the news
papers.