Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-18
The Use Of Judicial Robes
Traced to Antiquity.
BEGAN IN TRIBAL DAYS
EARLY CHIEF OR RULER GIVEN
aARB OF DISTINCTION.
District Bar Association Inquiry as to
Propriety Of Introducing
Gowns Here.


citation of the District of Columbia reso-
luton was passed instructing the president
of the association to appoint committee
to interview the judges of the Court of
Appeals and the Supreme Court of the Dis
trict of Columbia and ascertain from them
If they have any objection to DOMINIC
black silk robe, to be worn when perform
ing their judicial functions. Under this
resolution the president, Mr.. ]. Holdsworth
Gordon. appointed Messrs- William G. john
son. George A. King and Andrew Y. Brad
ley upon this committee.
Since the proposal has not altogether met
with favor, 1t may be well to inquire into
and to some extent explain the reasons for
the resolution. the objects to be accom-
plished thereby and the benefits, If any, to
be derived therefrom.
In SO doing short historical account OF
the origin of the custom will be advanta-
geous to a full realization and understand
ing Of the subject The custom of wearing
robes, gowns and other insignia of rank
executive well as judicial, Is as old as
antiquity and, consequently, no absolutely
authoritative declaration can be made or
information given concerning their origin
Nevertheless, certain facts which point
more or less conclusively to the probability
of certain reasons for their origin have
generally been considered satisfactory by
the majority of thinkers and writers upon
the subject. and 1t Is generally conceded by
of office in the more modern times may be
traced as far back as are trophies with
savage tribes of warriors. When the great
est warrior Of tribe, bedecked and COW
cred with the trophies taken from those
whom he had vanquished, was later made,
or made himself. chief of his tribe and ruler
of his people because of his superior skill
and yalor, he robed In the trophies and
the skin of some fierce beast which had
fallen prey to his strength and courage
Introduction of Manufactures.
With the advance of civilization however,
and the establishment Of society and the
state, and the consequent notifications of
the rough, underlined and undeveloped idea
and customs of the tribe and clan, came the
manufacture, among other things, of cloth,
which was afterward made into clothing,
robes and costumes. In the natural order
of things 1t was absolutely necessary 10
have a governor or ruler whose sole duty
it was to govern the people, to make and
enforce rules for their conduct, define their
rights and privileges, both to their society
and its ruler and to and between them
selves. The next step was both natural and
easy. that the person chosen for such ruler
should be the most exalted and fearless
among them all; and If not so chosen, but
a. ruler because of his power and victories
over all his opponent aspirants, his very
victories caused him to be so regarded.
Nothing. therefore was too good for such
a man. He was, at the expense of the peo-
or hut as the case may have been; the
finest skins or garments, or linens or silks,
accordingly as he ruled an advanced civlil-
zation OF a semi-barbarous clan or tribe.
AS society and civilization grew and ad-
vaneed complication arose and the labors
of the chief ruler became more than one
man could perform and attend. Then came
the appointment by him of his ministers,
who, receiving their authority from their
ruler, also, In keeping with the dignity
of their Office, which was the dignity of
such ruler. were entitled to and Obliged to
adopt a distinctive dress or gown, unlike
but similar to that of him from whom they
derived their authority. Hence. silk gowns
have long been appropriated to appoint
ments under the crown. which explains the
silk attire of judges in England.
Under the first and early order OF things
the chief or ruler was magistrate iegisla-
tor. Judge and jury, which functions he
eventually divided among others of the So
ciety. and thus it grew and took on pro-
portions until the present day twentieth
century complications are the result. How
ever, tyranny. conceit and expressions on
the part of rulers eventually forced the
higher and highest of all civilized states to
the conclusion that the only correct and
proper form of government for inteli-
gent. civilized and peaceful people was one
deriving it's just powers from the consent of
the government. Then assemblies and legtS-
latures came into being, first being COM
posed of the people whole and subse-
quently by representation.
Not Regarded as Whim.
1t is unnecessary to pursue these OBJ
servations further. Suffice 1t to say that
the idea that nothing is too good or grand
for the majesty of brave and impartial
ruler is not whim or false sentiment but
a substantive truth that has been felt and
realized from time immemorial, and which
Will so continue to be recognized to the
end of time Nor can the proper appre-
ma vAr -ny~lr int. f.,i
the liberties of the people or TO their in
situations. Harm and damage comes not
from too great 4 respect shown those in
trusted with the powers of the state and Its
laws. but from careless and inconsider-
ate appointment or choice of inferior in
dividnals to Office and places of power,
either through favoritisn or to subserve
political ends.
1t is this that kills. Anything. therefore.
that serves to exaH an office In the estIma-
ton Of the people or keep it's exalted posi-
ton constantly before them will, especially
in republican form of government tend
more strongly toward making them see that
no one unworthy of high position shall ever
I'LL or incuraber 1t, or the rights and Mber-
ties OF the people. with his presence there
IN As David Dudley Field once said In
presenting the resolutions Of the New York
State Bar Association to the court of APP
peals of New York In open court, request
Ing that tribunal to adopt a gown when
sitting on the bench: "The garment is no
more a badge of mouarchial than repub-
lican Office. Indeed insignia OF Office more
BELTS republican than monarchial
country, for, while in the latter they rep-
resent the majesty of the throne, In the
former they represent the majesty OF the
people" 1t cannot, therefore, with truth
be said that the constant reminding of the
people of their majesty can ever be re-
sultive Of injury.
World Governed by Sentiment.
The world is to no small extent governed
by sentiment, be the opinion of the phleg-
matte what 1t may. History and human
nature only too well prove and establish the |
truth Of the assertion. We erect and build
at great cost of money labor and materials |
handsome churches and temples OF Justice
affairs to God and law. The greater the |
organization the greater the form, and the |
greater the form the stronger the oreaniza-
tion. The truth of this fact Is wei esfah- |
lished by the Catholic Church and the Ma |
sonic order. ritualisn being the keystone OF |
both
The membership Of the Supreme Court Of |
the United States. the most impartial, iie-
a a