The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-31

Justice William R. smith, president
of the bar association, and Howell
Jones addressed the meeting
The subject of Mr.. Jones address
was Samuel A Kingman. The ad-
dress was a memorial to the veteran
jurist who died last year, after serving
in the supreme coury Tor many years.
The presidents address follows in
lowing to the falnbility of human
nature justice cannot be administered
with perfection. The judges OF the
country are drawn from the members
of the bar. The lawyer falls easily
into politics from the fact that his
training fits him to consider and dls-
cusS public questions, and laymen IN
large part are influenced by his Judg-
ment, expressed in matters pertaining
to the public welfare, especially when
it is affected by legislative enactments
or decisions of courts.
81 am not one of those who look
with a sort of superstitious awe on
an occupant of the bench. I have
never thought that the step from the
plane where lawyers stand to the
altitude where judges sit adds one
cubit to the intellectual stature of the
man or ipso facto increases his
knowledge of the law. If he has par
tisan prejudices as a lawyer their
sharp cutting corners may be worn off
to some extent by long judicial SER
vice, but their identity is never wholly
obliterated. AS the twig is bent at
the bar. the tree is apt to be inclined
on the bench.
"In the trial of political causes the
honest judge will strive to shake off
party bias and view the controversy
from a purely nom partisan stand
he gives judgment with a satisfied
conscience, convinced in his own
mind that the result came by an ad-
herence to strict rules of law only,
fF-r.4
orable to the party to which he be-
longs, or prejudices against that party
whose principles he combatted while
at the bar. If such abnegation ex-
reached.
cit must be remembered that when
law suits of a political nature come
before the courts, in a great majority
of cases they affect the ambitions of
men in their aspirations for political
preferment Monetary considerations
arising from the compensation of the
office are of secondary Importance. A
judgment may take from a man his
farm with less disappointment to him
than the failure to get an Office which
pays no more in year than the annua
rental of the land he has lost. Back
of the candidate stand his adherents
who can see no equity in the claims of
his opponent. An intense feeling of
hostility arises between the parties
which is manifest in every stage of the
proceedings. If the litigants are of
opposite parties. a decision resulting
in the success of the one whose politi-
cal faith accords with those of the
judge, or with a majority of the court
having several members. is received
by the defeated party with a feeling
that the pure principles of right have
not been applied with that judicial in
difference to results with which the
courts determine ordinary questions
of contract or of tort.
Judges can never be convinced
that they are not open minded, color
less, and without influencing impress
sions when political controversies
arise for determination. It must be
conceded that in comparison with lay
men they are infinitely less subject to
partisan prejudices because legal and
judicial training induces conservatism
and a disposition to hear both sides
Of a question before reaching a con-
clusion. 1t is the element of uncOn-
scious bias, however, with which we
must reckon, for it is ever present and
steals upon the Judgment unawares.
1T IS the suspicion of partisan bias
more than its actual existence which
tends to affect public confidence in she
courts In this republic a tribunal
engaged in the administration of JUS
tice must both merit and possess the