Mexico Missouri message., 1917-06-07

unable to secure costs. He construed
the statues requiring costs to be Sc
cured most literally, and never de-
MED a worthy litigant his day in
court because he was unable to Sc
cure costs. Where the plaintiff was an
orphan, a widow or a cripple, or be-
low the standard of an ordinary per-
son on account of any infirmity or
disease, he threw open the portals
of Justice and let them enter without
cost His views of this matter became
so we'll known that a motion for costs
was rarely ever filed, and as long as
he presided justice, like salvation,
was free. OF him IL may be truly
said he put the Star of Hope above
the cradle Of the poor mans babe,
and bade him measure the Justice of
his cause with the greatest and
mightiest of earth.
He knew the common law, the stat
utes and the decisions of the courts,
and the philosophy and the reason
of the law, but in my judjment he
was at his best in adjudicating equit-
able causes; equity is logic founded
on natural justice, and he was great
as a chancellor
He had profound respect for the
Jury system. He adhered to the an
cient and correct theory that jurors
are the supreme judges of the facts.
He never encroached upon the prov
ince of jury and never, as far as ]
know, gave the slightest intimation
of his own view on the facts. Some
NAV have criticised him because he
was not inclined to take the case
from the jury" He probably was
more liberal in letting cases go to
the Jury than other judges. But if
he erred at all he erred on the safe
side. The jury system is the great
bulwark of liberty and the best and
wisest tribunal that the accumulated
wisdom of ages has been able to de-
wise. It is the duty of judges to see
that the great institution of trial by
Jury is not impaired or curtailed. 1t
is the duty of the bench and bar to-
see that the right of trial by jury is
held inviolate now and forever, and
this cannot be true If judges hearken
to the present-day clamor that juries
are unreasoning bodies and incapable
of passing upon the rights of their
fellowmen. Some would abolish the
entire jury, others would curtail and
circumscribe its power, but after all
it is not possible to create better
tribunal for the trial of disputed
questions than a jury of independent,
practical men drawn from the varied
walks of life. The judge who sustains
the power of the jury and seeks not
to curtail the part it plays in the ad-
ministriaton of justice is adhering
most closely to the fundamental prin-
ciples of our government. If the lib
crty of this country is to be preserv-
ed, the rights of juries must never be
curtailed. As long as the jury system
is preserved in it's original meaning
we have nobly saved the last hope of
earth, and this was Judge Barnett's |
view, and it was based on his knowl |
edge of the struggle that the liberty
loving Anglo-SaXon made to secure
the right of trial by jury.
The office of circuit Judge is closed |
to the people. 1t virtually affects |
their status, property and personal |
rights. More people are affected by |
the decisions of Circuit Judge not |
from than by the decision of |
any one Supreme Judge. The salary |
of circuit judges should be doubled.
They are now not paid as much as
good accountants. 1t is wise that
judges are elected by the people from |
the body of the district over which |
they preside. In a judicial district |
the people have knowledge of the law
yers and can be trusted to make
wise selection. That the people select |
wisely is demonstrated by the fact |
the circuit judges in the State of
Missouri are now and always have
been the most conscientious, capa-
BILE and incorruptible group of men
in any department of the public |
service. Corruption has raised its hid
eous head too often in the public |
service, but not one breath of suspi-
cion has ever blown upon a circuit |
judge in the State of Missouri. 1t is
a record to be proud of and all Mis-
sourians should be proud of it.
Not only is it desirable that the |
people should know the Judge, but |
it is more important that the judge |
should know and understand the |
people to whom he is to administer |
JUSTICE he should know their ideals, |
their hopes, their fears, their mo-
tives and their ambitions. Such knowl- |
edge of the people and their envir-
onments aids in the formation of cor
rect judgments and the imposition of
proper sentences for crime. Judge
Barnett knew the people in his dis
trict perfectly. He knew them all-the
rich and the happy, the poor and the
able-and it aided him greatly
in administering the law They all
stood equal before the law as admin
istered by him. Sin plated with gold
never broke the strong lance of JUS
tice in his court, nor did poverty and
rags suspend the punishment due to
crime involving moral turpitude. He
was in truth and in fact no respecter
of persons. He condemned no one
save by the fiat of the law. He saw
some good in everyone. He concur
red with the poet of the Rockies, who
said:
"In me whom men condemn as i'll
find so much of goodness still,