Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1898-02-12
Dayton,s Federal court BlII.

federal judicial districts 1t is worthy
of note that the majority, ii not all o
the opponents of the proposal ar,
Democrats, aud that the principal OBJ
lection seems to be that one OF the ef
fects Of the adoption of the measure
will be to create some new offices for
Republicans. They even go to the
extent OF impugning the motives OIL
Mr.. Dayton, alleging that his desire
is to create new iudgeship which he,
himself, expects to fill,
These criticisms do great injustice
to the representative of the Second
District. The necessity for the di-
vision has been discussed for some
years past, before Mr.. Dayton became
a congressman in fact and its desira-
bility has been advocated by members
of the bar, and others having bust
ness in the federal court, without re-
gard to political affiliations
One of the best evidences that there
is no politics in the movement is the
fact that the West Virginia Bar As
ISOLATION unanimously endorsed the
Dayton bill and appointed non par
tisan committee to urge its passage,
after debate in which some of the best
arguments in its favor were presented
| by Democratic members of the bar.
From the standpoint Of economy there
can be no objection to tie measure,
as it is clearly shown by the report oil
the judiciary committee OF the house
Of representatives that its adoption
would save to the government double
the amount of the extra cost in salar-
les OF the extra judge and court Off
GERS.
1t is also shown that the division oil
the state is desirable on the ground
that the amount of business in the
federal court has grown to be very
large, the cases exceeding those pend
| ing in ten other states combined, and
that they exceed these pending il
the combined twelve districts con
tanned in the states of New York,
Pennsylvania. Illinois, Ohio, Mis-
souri, and Mississippi, these six states
being the largest in population in the
Union.
The facts form in themselves a
powerful argument in behalf of the
bill, and there are many others, one
in particular being the enormous cost
of single court and the great amount
of work devolving upon one judge by
reason, not alone of the large num-
Der of cases, but of the large territory
covered in the district, requiring ex-
tensive travel by the judge, witness
es, attorneys and officers OF the court.
1t is difficult to understand why
any one should oppose the proposition
of division on political grounds, un-
less it is due to the chronic habit
some editors and politicians have OF
opposing everything, right or wrong,
that originates in body that is not
of their political faith.
The criticism based on a supposi-
ton that Mr.. Dayton is inspired by
personal ambition is absurd, and Mr..
Dayton himself has set that objection
at rest by declaring first, that he
will not be candidate for any Office
in connection with the court; and,
second, that he is Ineligible for such
a position under the constitution Of
the United States. which prohibits a
member of Congress or Senator from
being appointed to an Office created
by the legislative branch of the gov
eminent during his membership
thereof An ordinary familiarity
with the fundamental law Of the coun-
try is all that editors of certain Dem
oeratic papers, who have been imput-
ing to Mr.. Dayton selfish ambition,
needed to convince them of the ride
ulousness Of their attitude. And yet
they continue with these imputationsl
The bill does not legislate Judge
Jackson out of Office, but makes him
the ranking Judge and relieves him Of
considerable work. There is no logi-
cal ground, whatever, in fact, for OPP
position to the measure, but, on the
contrary, many grounds for fayoring
it. The wonder is that any one OPP
poses it.-Wheeling Intelligencer.
The Virginia Senate passed House
a . a