Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-08
(Orcgon Law School Journal.)


One Of the most important ques-
tgions which the people have TO con.
8 ader In the selection OF a Judge is:
Has be true judicial temperament?
No natter what his learning may be,
II he has o the elements in his make
up Which give him a reserve and com
posture in the consideration OF ques-
tionB that may come before him for
decision, he is not nc for the office Of
Judge. II is admitted by all, by the
LaymRR az well as the lawyer. that
where the Judge has not the proper
sudiciAi temperament. the rights Of
the people suffer.
The judges In the past who have
commanded the respect and admira.
zion o. the people have been those
who were animated by a feeling Of
Kindness. and a desire to decide cases
In accordance with the law and fairly
and honestly interpret It. Judges
who have been intellectually strong
and destitute OF the milk OF human
Kindness" which makes the whole
world kin. have been condemned.
while the judges of heart an | soul have
been commended and received the
DlAudits OF a grateful people
II sometimes happens that a person
of mediocre talent and lack of culture
and refinement. who has by chance
beea elevated 10 the responsible posi-.
ton Of a Judge On account Of locality
or environment, rather than by reason
of his learning a. a lawyer. sets
aside ali rules OF decency and courte-
~ Ia his intercourse with his fellows,
and seems TO think that his dignity rs
enhanced by a series OF insulting con
duct which prevents the proper trial
of cases In court. TO the detriment Of
che rights OF litigants. that calls for
the severest condemnation. Il Is
needless TO say that such a person
has not tho judicial temperament Of
which judges are made A person
who Ia thrusting himself into places
of prominence ON all occasions, crowd.
ing out more able and competent
men. does not possess the qualihca.
lions or attributes TO make an ideal
judge II such a person had the modes
~ or reserve that are the c-onc0mitants
OF the learned and able lawyer. he
would not be given to these small and
petty p%ropensitles. which disgust right
uhinking men. What would have been
thought. II Maohail, fancy. Chaneel
ior Kent. Cooley and other dist'n.
Eulshed judicial lights OF the country
had sought every opportunity social
~ To thrust themselves upon the rub.
Lief The merits of these judges be-
speak their modesty They were true
and cultured gentlemen. who were
not giyens to the ways OF the uncul
tured parvonu In their intercourse
with society, They yer truly edu
Gated aud refined judges. who had
consideration for those having lust
ness In court and did not trample up
on the rights and privileges OF Iii
giants seeking aid OF the courts.
The person Of the true judicial tenn
permanent is no alled with the DER
mastering passion to hurry through
che business OF the court He is not
nmpelied with the disposition TO hurry
through the legal business which may
come before him In a way TO startle
abe d~isinterested observer, The per
.son OF a sOund judicial temperament
nonduotsSt the cases In court with dc
Liberation. He lever hurrles beyond
reason. He is not on a nervous strain
10 aaish the business. Questions that
,ome before a judge OF proper ju
aiciAl temperament r considered
rarefully. thoughthully and with ear
nestness. 50 that he may fairly and
impartially decide them. II the mem
buaa Of the bar have been industri
ous enough 10 examine collect and