The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1915-09-09
Editorial From the Gettys
burg Compiler, Septem-
ber 4, 1915.


There is but one position for lu-
dical candidate TO take in the matter
of an answer to the % questions asked
him by the Inter-County Temperance
League published in a recent Issue.
He has no moral or legal right to give
expression to an opinion that will dis
qualify him afterwards and so pre-
vent him from discharging the duties
to which the people shall have elected
him.
This is no new question for the Su-
preme Court Of the State in case
years ago declared "that the act of
deciding is judicial and not arbitrary
or willful. The discretion vested in
the Court is therefore, sound judi
cial discretion and to be rightiul
Judgment it must be exercised upon
the facts and circumstances before
the Court after they have been heard
ard duly considered. To say that /
will grant no license TO anyone or
that 1 will grant it to everyone is not
to decide iudicially on the merits OF
the case but to determine beforehand
without hearing or else to disregard
what has been heard"
The Supreme Court again declared
that "f a Judge should refuse a Ii
cense because in his opinion the law
authorizinE : licenses is bad law or
ii he should grant all licenses because
he believed the law wrong as tending
10 confer a privilege on a special few
ia eithsr case, there would be no ex-
ercise of judicial discretion, boil
would be the mere despotic assertion
of arbitrary will by one in power,
that sort Of lawlessness which is least
exc0sable and excites most indigna-
tion."
A candidate who expresses an opin-
ion Is putting himself into position
of straddling, saying something to
gain support in the campaign, and
then defeating thevery thing hewould be
pretending to help, for he would there
by disqualify himself to sit in any APP
plication on which questions are rails
ed covering bis expressed opinion. II
he heard liquor application and re-
monstrauce there would be objections
at once to his hearing and deciding
anything in the mater and on appeal
the Supreme and Superior Courts
would affirm what they have previous
ly said and hand down decision re
fusng to permit such judge to hear
and deciue what he had decided before
he was elected. Such judge would
be a Joke and when license court came
around another judge would have to
be sent into the district to do the work
he had disqualified himself from do
ing by the expression of his opinions
before hearing.
The Compiler is paying more for
its temperance views than any one in
dividual in the county, having within
single year refused more than 5000
worth of liquor and dope advertising
This is mentioned by way of showing
the strength OF our temperance views
but in our opinion any candidate for
Judge who would give expression to
any opinion on any subject prior to
his election would be doing the most
law ess az acts and in the doing would
be showing himself unworthy to be
trusted, for as the Superior Court has
said such act would be "discreditable
to the Court and tending TO bring the
administration of the law into con
tempt"
The only position candidate
should put himself into is that ex-
pressed in Mr.. Butts answer in an
other column, "A fair impartial and
conscientious hearing, consideration
and determination" in all matters.
Anything more is simply lawlessness
outside of the laws and the authorities
of the Supreme and Superior Courts
he would be sworn to obey,