The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-24
LAWYERS AND JUDGES.
Suggestions of Way to Secure a Tenn.
porary Judge Under Certain
Conditions.

To the Editor:-In your issue of April
18th Mr.. VIM. II. Harrison OF Oxford has
an interesting article on Judge and Bar;
and while his article Is timely and to the
point, still he offers no remedy for ex-
listing conditions, which some members
OF the profession pronounce intolerable
Mr.. Harrison truly observes what re-
spect and courtesy should be shown by
lawyers to our judges, and continuing,
says; Judges have the advantage of the
lawyers by virtue of their office, and
can use this advantage II they so desire;
IN TACT. the attorneys arc almost at their
mercy"
! do not think the judges of North Car
DINA, as a rule, are at all inclined to be
arbitrary, or use their great power for
oppressive purposes, but in case any one
should attempt to do SO, | think there
should be remedy, and / beg TO submit
the following statutes which have been
IN force in the State of Missouri for more
than 80 years, and which have been re-
peatedly. passed upon by the Supreme
Court OF that State, and h':ld to be consti-
tutional there, and the law is satisfac
tory to the ltigant, the bar, and the
Judge. The statutes read as follows:
Sec. 1923. Whenever the Judge, from
any cause, shall be unable to hold any
term or part of term OF court of if the
Judge is interested or related to- or shall
@''G pCCh vi COuuScl lOT elInpf party, or
when the judge in attendance for any
reason, can not properly preside in the
trial OF any cause or causes pending in
such cause or causes fail to agree to Sc
lect one OF the attorneys of the court to
preside and hold court for the trial OF
cause or causes, the attorneys OF the
court who are present, but not less in
number than five, may elect one of it's
members then in attendance, having the
qualifications of Circuit Judge, to hold
the court for the occasion.
& Sec. 1924 The election shall be held
by the Clerk of the Court. who shall, in
case of a tie, cast the deciding vote
Sec. 1925. If the person first elected to
act as special. Judge fails or refuses to
act, or can not properly preside, another
election shall be held, in like manner as
provided in the next preceding section
from time, to time, until a suitable per-
son is chosen who can and will preside.
Sec. 1926. The person thus elected as a
special Judge shall, during the period he
shall act, have all the powers and be
liable to all the responsibilities of the cir
cult judge,
Sec. 1927. The parties to an action
may agree upon one of the attorneys of
the court to preside and to hold the
court for the trial OF any action, which
shall possess the, qualifications of a circuit
judge. and while so presiding. shall have
all the powers and be liable to all the
responsibilities of the circuit judge.
Sec. 1928. Every temporary or special
judge thus elected shall before he enters
upon the discharge of his duties. take
and subscribe to the same oath required
to be taken by a circuit judge, which
shall be filed with the clerk.
Sec. 1929. Election to be entered of re-
cord, &C.. &c.
If we had q law somewhat lik~ the
above, there would be but little differ
cnCes or trouble between judge and attor
neys.
JAMES B. M'GUFFIN.
Dobson, N c., April IS 1904.