The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-08
BAR ASSOCIATION
Meeting IS over
Continued from First Page.)

EslLLiIlsG I'D UHLIl
Continued from First Page.)
we refer of course to the judges of the
Common Law and Equity Courts, whether
denominated Circuit, District or SUI
perior Courts.
Like the judges of the Supreme Courts,
he has been moved to seek his position
from mingled considerations of ambi-
ton, professional pride and patriotism,
three elements that must Of necessity en-
ter into the filling Of the position. whether
Is come to him by appointment or cleo
ton.
AS light and the law of grav1tation
are to the earth, so are the blessings
which come to us daily from the adj
ministration Of justice by an honest,
capable and thoroughly equipped, but
ill-requited nisi prius bench.
It is because 1 am deeply impressed
with the injustice done to these courts,
not only in falling to recognize their
value and Importance, but in the niggard-
~ way in which we compensate them.
that I have turned from a contempla-
ton of the more exalted tribunals to
invoke your attention and assistance to-.
ward an elevation and Improvement OF
these great courts. which we can justly
denominate the peoples courts.
INDEPENDENT JUDICIARY.
It matters not how perfect your or
ganic law may be, how logical your
codes. unless you have trial judges inn
bued with their spirit and strong and in
dependent enough to enforce the law,
your judicial system must be failure.
In this age of appeals. when every
litigant is vouchsafed a hearing in the
courts OF last resort fear that there
is a tendency to forget that the purpose
of our judicial scheme was to furnish
every sutton a court in his own county
in which his cause might be heard and
determined, and to that end unlimited
original Jurisdiction in common law ac-
tions and suits in equity and criminal
prosecutors was conferred upon them.
Copsidering, then, the extensive and
exclusive original jurisdiction Of these
nisi prius courts. they are tribunals which
ought to command the respect Of the bar
and people alike on account Of their dig
nifty and power.
If, in fact, they do not. It is your duty
and mine to ascertain why they do not,
and to lend our best efforts to bring
them to the high conception Of the found
ers of our government.
Remembering the unbridled criticism to
which our circuit courts are subjected,
not only by the ignorant and venal. but
by those Of us who ought to and do
pie of all classes in this country still
yield to and retain for our trial courts
Is most significant and most encouraging
to those of us who love our free insti-
tutions and desire to see them perpetu-
ated. That we have been able so far to
induce lawyers of ability. gentlemen Of
unimpeached integrity, to accept these
judgeships for the utterly inadequate sala-
res which. in nine out of ten States we
pay them is little less than marvellous,
and speaks volumes for that esprit de
corps of our bar which prizes these jul
dIcial honors without regard to the meag-
erness Of the compensation.
CONSPICUOUS EXCEPTION.
In an age when the commercial spirit
threatens to ignore all fundamental prin-
ciples in its race for wealth, the courts
and the bar so far stand out as marked
and conspicuous exception.
But should walonger take the chances?
rejoice that in many States the trend
is now in the direction of more liberal
salaries, and I am sure that when all
the States adopt the policy of just COM
pensation for their risi prius judges and
for that matter for all judges, we will
have the most capable lawyers on our
circuit bench. and the judiciary will be
correspendingly elevated in the estiIna-
ton OF both people and bar. In no State
ought the salary to be less than So, 600,
and in the rich and populous States they
ought to receive at least 5000 per an
mum.
All thoughtful men agree that to insure
an effective and satisfactory judiciary,
the tenure OF the office must be long
enough to insure the independence of
the incumbent. do not think the term
of the circuit judge should be less than
six years.
When we consider that it is in the per-
son of the nisi prius judge we expect the
dignity of cur courts to be preserved :
that it is to him we look to preserve at
all times the true relation between liti-.
giants, counsel, witnesses and jurors in
his court; that he is expected to see that
crime is punished In his circuit, and the
innocent protected, notwithstanding the
clamor Of the rabble: when we demand
of him expeditions trials. and to track
the law, though surrounded by attorneys
burning with zeal and eloquence for their
clients, and to hold on to the golden cord
CT Justice in all the mazes and labyriths
into which astute and able counsel seek
to lead him, do announce any heresy
when I say that the nisi prius judge.
ought to be no less learned and equipped
than the supreme judge and that the
public veal would be better subserved
by having him even an ADLER, frmer and
reader man than the appellate judge?
{ If such he always was a. would prove the
most effectual way Of relieving the over
crowded dockets OF our lfreme Courts.
OF which we hear SO much
HURT MUST BE STEEL
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