The Pensacola journal., 1905-03-31
KEEP THE JUDICIARY
OF THE COUNTRY CLEAN.
Jacksonville Times-Union.
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If the judiciary of this country fall
below the public respect, the evils to
result are manifold; but the most inn
mediate and important is contempt
for that law which is embodied in the
acts of the Judges. 1t may be that it
is not technically violation of the
law which produces this result, but
the appointing power owes no higher
duty to the public than in the care it
exercises in making judicial appoint
ments. Here is clearly case where
We should not only have purity, but
the appearance and the reputation of
purity. II may be that a personal
wrong would be done by the refusal to
appoint a candidate against whom a
grOundleSs distrust was current-it
may be that it is often cruel TO refuse
support to a judge when appearances
only are against him, but when his
reputation is such that his name
would not honor the bench, then it
were well that one suffered for the
good of the whole.
The senate has refused to impeach
federal judge for sending in a doc
tored expense account ana taking
money not due him under the letter
of the law. IL there were no other
charges, and if no law existed to pun
ish him at least his usefulness is
ended in great measure. Able and
conscientious man he might be, and
still unable to reflect honor on the
bench. In New York Justice Hooker
is on trial for securing the payment
of unearned sums to relatives and
friends from the treasury-places
were given with salaries attached and.
nothing but the labor of signing a re-
ceipt for the salary was TO be exacted.
In this instance the peculation might
be for the good of the party and not
of the individual, and still it is not
pleasant or desirable to have the
name of a Judge mixed up with such
partisanship The encouragement
has advised the president that a juoge
who gave lucrative receiverships TO
his private secretaries violated no
statute; that when he appointed his
brother-in-law administrator OF a
wealthy estate he was not legally cor
rupt, though he violated law; and
that 1t Is not proof Of unfitness when
leading attorneys practicins before
the court certify to the opinion that
the Judge is unfit. But would judge
against whom so much is urged shine
with light borrowed from his ermine
or radiate light upon it?
The South has been charged with
habitual contempt of the law. How
much of that feeling was born OF mer-
tied contempt for the dispensers OF
law forced upon the South during the
days of reconstruction? Then 1t was
common to see a magistrate who
could neither read nor write, and who
rendered decision on the mods of the
CRATER who oficiated as the clerk;
then the plaintiff or defendant stood
with gifts in hand as they still do in
Turkey and Persia and Russia; then
the sentence of the court was often
written in a back room by interested
parties who obtained the privilege to
do so by open payments of coin Of the
realm.
If we must have crookedness, per-
haps open payments are better than
concealed graft, because then no NOR
al taint goes with the judgment to
cling about the skirts Of those who
lose. And we should learn TO censure
more deeply the power by which re-
proach creeps in tnan in the poor in
strument who has no conception Of
the evil that he does. In any case, 1t
is horrible that the man who is al
ready guilty should be placed where
he can tamper with justice and so de-
bauch the public conscience upon
which the foundations of our system
are laid.