Evening journal., 1911-01-02
AROUT THE JuDGEs.

- ONE Of the State newspapers, one at Dover
- in particular, seem to be taking dolcful
view of the bench declaring that the State judi
cary does not hold the confidence of the people
that it once held. The good old times are point
ed to when it is assumed we had judiciary much
superior to that at present.
These remarks are caused by the recent appoint
ment OF Mr. Churchman to be Judge. But even
among the critics Of the appointment--and the
criticisms are not made very openly or caustically-
there is a disposition on the part of the Demo-
cratic newspapers TO give the new Judge a fair
trial and to await developments.
The Dover newspaper thinks that there is some
thing mysterious" about the new Judge which
certain Wilmington newspapers have been trying
to conceal. We don't know what it is. Judge
Churchman, according to the standard set in the
appointing of Judges, is qualified for the posi-
tion. He has the reputation of being good law
yer, and we venture the opinion that those who
have expressed doubts about the advisability OF
his appointment will be happily disappointed in
Judge Churchman's career on the bench The
doubts that have been expressed will be an in
centive to him 70 do everything in his power to
make good" and he has the ability and capac-
ity 70 make good
The Dover newspaper intimates that the ap-
pontment is pleasing to the railroad interests of
the State We suppose that it is but what inn
portant thing or movement is there in Delaware
with which the railroad interests do not NEEDLE
In the old days we had able, clean and fearless
Judges says our Dover contemporary. Distance
lends enchantment We are apt to believe that
our Judges we're better in the past than they arc
at present, but We don't think the present bench
would suffer very much by comparison with the
benches OF years gone by. We surely have some
able Judges at present just we had in the past
II has been said that the appointment is par
tisan Practically all the appointments in the
past partisan appointments. Therefore there
is nothing strange about the appointment of
Judge Churchman because of partisanship.
The Index adds that when men found guilty
Of bribery or graft in public Office are let off
with mere fines the court cannot blame the people
II there is criticism and loss of respect. Ii may
be said that the present bench has let off men
convicted OF graft and bribery with fines, but is
it not true that Judges of former years let off
guilty Of fragrant violations of the election law
with fines and small fines at that?
The Index winds up by saying;
Judge Churchman may have had little
experience and may not be one os the
leading lawyers of the State, but If he
is clean, impartial and fearless he will
gain the confidence and respect of the
better people of the State
This is good advice, and if Judge Churchman
has ordinary common sense which we believe he
has. he will follow it. Certainly he has fine op-
portunity TO make a good name for himself as
Judge.
1t may be recalled that in times past the bench
of this State was freely and severely criticised
Who of sufficient age cannot recall the criticism
leyeled at the sodly Democratic bench in connec-
ton with various election cases not so many years
ago before the constitutional convention? In
comparison with those criticisms the recent ones
have been mild.
But after all assuming that there should be
cause for criticism, upon whom should the blame
rest? Certainly it should rest principally with the
attorneys The attorneys of Delaware if they chose
TO do so, could exercise more influence in public
matters than members of the bar exert in other
States. Surely there is no lack Of influence among
the members of the bar. But it seems to us that
many of chem conhne their remarks TO Office talk
or take little interest in matters that vitality con-
Germ them.
So far as The Journal is concerned. il believes
in non-partisan judiciary No Judges should be
swayed by partisan motives in the performance Of
their duties. II men educated as lawyers are sup
posed 70 be, cannot rise above questions of par
tisauship when the life and liberty and welfare of
the citizens and of the government are concerned,
what must be expected of ordinary citizens?