The news & observer., 1896-12-27
JUDGE BoYKIN'S RESIGNATION A
PUBLIC CALAMITY.


/ There is a practice that exists among
some newspapers OF our State that is
productive OF great harm, and that is the
universal and wholesale fattery Of the
judges. Every judge that goes into some
counties OF our State, according to the
local papers, is the ablest jurist Ulat has
ever been on the bench III the county. de-
hvers the finest charge to the grand jury
and altogether discharges the duties OF
his office in q most acceptable manner
Ali this is, OF course, utter nonsense, and
only serves to fill the heads OF the incom-
petent judges with still greater conceit,
and to render them thereby still more in
efficient. That we have some judges in
our State as able and competent as any
to be found anywhere no one will deny.
and we suppose there will be found very
few who will deny that we have some,
who, to say the least do not measure up
to the average, and it does no good to have
published in the newspapers what IL alb.
surdly untrue about these officials.
I We have some hesitancy therefore in
publishing a word of commentator of
any judge, but we cannot refrain from
saying that the resignation OF Judge
Boykin is a public calamity. When he
was at his best we do not believe that a
better judge OF the Superior Court ever
sat upon the bench in North Carolina
| Up TO the time he became judge he had
engaged a good deal in politics, and this
caused some OF the legal pro
| fesson TO be apprehenaive that
| he might not be best equip
| ped for judicial career. but be that as it
may, he devoted himself at once, aud most
assiduously TO his duties, and there never
was better place for 3 bright legal mind
to acquire law than on the bench. Judge
| Boykin made the most of these opportuai-
| ties, and very early in hi. judicial life dis
closed the fact that he was fully compe-
| tent 10 meet all the requirements Of this
| high and responsible position.
| We heard a prominent lawyer OF this
city state, in speaking OF him, q day or
| two since, that he had the courage to
change his opinion whenever he found
| that he WAS wrong, and by this it was not
meant that he was vacillating. He knew
| when TO be firm, and yet when convinced
by an argument that any intimation he
had made was incorrect, be did not hesi-
tate to say SO. There are two extremes
Of evil in judicial characteristics. There
are some judges who change their minds
with every lawyer that argues on either
side, and the lawyer therefore who can
get the last speech generally wins the
case, while on the other hand we have
other judges who are not slow to express
their views OF case, and then refuse to
alter them no matter how convincing the
subsequent argument be- Judge Boykin
has struck the happy mien between these
extremes.
Still another thing that may be said of
this eminent jurist was that he did not
find it necessary to 'play to the grand
stand" by which we mean that he did not
feel he was compelled to be constantly
scolding the lawyers, the officers OF the
court and the bystanders in order to lei
people know that there was Judge pres
ent. We have seen some men on the
bench who were evidently conscious OF
their inability to meet the demands OF
their high Office, and who seem to think
that they could make people regard them
as great judges by constantly asserting
their authority, by saying sharp and cut
ting things to the lawyers, by rebuking
the officers of the court, and by threaten
ing to put the by-standers in Jail il better
order was not kept. There was none OF
that characteristic about Judge Boykin,
and yet no judge had better order, and no
one commanded the respect Of the lawyers
and laymen alike more than he did
But the judicial trait which Of all others
commended Judge Boykin to the lawyers
as profession, was that he was polite
and attentive listener Whether the case
was being argued by the most distinguish
ed lawyer in the State or by youngster
in his maiden effort, he was sure OF the
closest attention from this judge.