The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-11-18
JUDICIAL EGOT1STS.


remarkable story is sent out from Ashe-
Vile concerning the action taken by Judge Boz d.,
of the Federai Court, In forcing a compromise
of a verdict of damages assessed against rail-
road. According to the dispatches the jury took
the and returned verdict for $4,000.
Whereupon the Judge announced that he had
erred in permitting the jury pass ON the evi-
dence, but that, having done SO, their verdict
unreasonable. He then suggested that the
verdict be made for $4,000, forcing acceptance
upon the plaintiff by his decision as to the basic
want Of virtue in his case, and upon the rail-
road by Il threat, upon refusal of not setting
aside the verdict which he himself had just
adjudged should never have been permitted to
be given at all. Rather than take the risk of the
larger verdict standing the test of appeal. the
defendant consented; rather than trust to tho
outcome of appeal, the plaintiff likewise con,
sented to take half a loaf
The facts il correctly promoted. disclose an
astounding instance of the arbitrary use Of
judicial power. In attempting d Soomanic role,
this Judge seems to have entirely lost sight OF
the obligations and limitations of his position
Having by his own fault permitted the parties
to engage in trial before jury, he denied the
defendant justice when he refused to correct his
own admitted error, except at the price OF half
the verdict enormously returned. Refusing 10
do this. he exacted obedience TO his arbitrary
wish by holding before the railroad the fear
that perhaps he was right in his first, instead Of
his later decision; while in the case of the plain.
tiff he appealed to the cupidity which, in doubt
as to the right TO recover anything, accepted
what this self-consituted judicial jury was will
ing to give.
Acts such these do their distinct part to-
ward destroying confidence in the courts They
establish by concrete example that justice is any
thing but exact They question the entire
elaborate system of evidence, of procedure and
jurisprudence. and show that precedent. yaunted
in one case. is apt to be disregarded in another.
The Judge that is supposed to be the human bal
wheel to equity is changed from an irnper-
sonal force into a whimsical personally In
consistency such this may be an attribute OF
personal greatness; but il is poor garment for
Il Judge
We are sorry to see that in Judge Boyds case
also. there appears in evidence the autocratic
habit which has done much 10 injure the
Federal Courts in public confidence. Whether due
to the life tenure whether to the subscouscious
sense of the power of the government which
they reflect, many OF these minor Judges seem
to lose the sense OF proportion between what
they are personally and what they ar ofically
They arrogate to themselves the strength OF the
power they represent. They forget in the HON.
age paid Federal Judge that the place and not
the man is powerful. In forcing the man to
the front, they not only belittle the place, but
serve to weaken and question its undoubted i'm
portance. On the bench. elsewhere, the egotist
loses the better perspective in the eompaisant
awe with which he regards his person.