New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10

practice at the bar, IN which they see both fame
and fortune. It is their less gifted classmates
who fully assured that in the face OF such COM
| petition they have no prospects of even earning
| a mere competence as advocates in despair turn
| to what is known as the 'magtstrature"-tha is
to say, to judicial career. Celebrated and sill
! yer tongued lawyers with huge practices are to
be found in every capital of continental Europe,
and, while some of them become ministers Of
state or even presidents of republics. such as,
for instance, the late Jules Grevy, yet one never
hears Of any of them condescending to accent a
seat on the bench, the very occupancy of which
implies a confession Of mediocrity. Under the
circumstances it is not surprising that the paw
of judges on the continent of Europe should
be ridiculously small, and the salary of the
highest judicial functionary in France namely
the President of the Court of Cessation Chat
IS to say. of the final Court of Appeal contrasts
somewhat dismally with the $4,000 year Of
Englands Lord Chief Justice The other Judges
Of the French Court Of Appeal receive salaries
ranging from $500 to $1,000 while in the
provinces judicial salaries range as low as $500
a year These rates of judicial pay are pretty
much the same all over the Continent and while
the judges are theoretically irremovable, ex-
cept for misconduct, yet they are to such an ex-
tent dependent the Minister of Justice-that
Is TO say a member Of the Cabinet of the day
for their promotion. for their transfer to more
or less agreeable posts and for distinctions in |
the shape Of orders OF knighthood that it is /
idle to talk of their independence OF character.
at any rate, where the government is concerned
They are, in fact at the beck and call Of the
latter, It's servants indeed, and under the cir
eumstances it is amazing that the administra-
ton Of justice should not be far more unsatls-
factory even than it really is
1t is only fair, however, to add that In France
as in Germany, In Austria and In Spain the |
judges of the final and supreme courts Of appeat |
enjoy degree OF prestige and respect to which |
none OF their colleagues of the lower courts can
make any pretension-this. too in spite of their
inadequate pay and their long
years of subservience to the Minister OF Justice
for the time being. It is because they are near
ing the end OF their official career and have
but little TO fear or to hope of the government
that they feel they can afford to be Independent
and that Is why we occasionally find the Court
Of Cessation at Paris rendering a decision dis
pleasing TO the Cabinet, and the Supreme Court
II the German empire at Leipsic delivering n | J
Judgment calculated to give umbrage to the
Crown.
But still. taking the Continental system Of ! (
judiciary as a whole, IL must be confessed that !
is extremely unsatisfactory, and it may be :
Questioned whether it does not present as many
as any that can be offered TO the
practice here IN America OF electtng the judges
o even the highest judicial offices OF the re-
Ipective States of the Union on the nominal !
ion OF irresponsible party bosses.~ 4
Ex-ATrACHA / 5