The midland journal. (Rising Sun, Md.) 1885-1947, 1944-11-03
COURT CHANGE
Judges Bailey and Capper
to be Removed

| 6ClCuClOnal Amendment appearing on
the ballot on November 7, 1914, pre-
sents to the voters radical changes in
the Maryland Court of Appeals. This
proposed amendment abolishes the
present Court of Appeals and creates
a new Court of Appeals as of Janu-
airy 1, 1915. Two of the best judges
on this court-Judge Bailey and Judge
Capper from the first and fourth ju-
dicial circuits-will be removed from
the new Court Of Appeals, and ulti-
mately the court will consist of three
judges from three newly created large
county appellate circuits, and two
judges from Baltimore City. The
judges of the new court will not be
permitted to do any trial work unless
the Chief Judge, the new judicial car
of Maryland, assigns them under GER
tain conditions to do trial work. The
Chief Judge is made the administra-
tive head of the Maryland Judicial
System. The trial judges would be
required to report to him. He may as
sign city judges to sit in the Courts
of the counties and county judges to
sit on the Supreme Bench of Balti-
more.
County Lawyers Criticized
The principal argument of those
| who favor this radical and far reach
ing change is that there are more
and better lawyers in Baltimore City
than there are in the counties, and
that the substantial increase in the
representation of Baltimore City on
the Court, substantial decrease
in the county representation, and
| the increase in the size of county
areas from which appellate judges
may be chosen will result in the ap-
pointment of more able and intelligent
judges than the Court of Appeals has
had in the past. The facts do not
support this argument. The record
shows that both the city and the
counties have furnished excellent men.
But no section in the United States
has supplied judges of such superb
merit as the counties of Maryland;
for example, in Judge Robinson,
Queen Anne's County; Judge McSher-
ry, Frederick County; Judge Alvey,
Washington County; Judge Page,
Somerset County; Judge Pearce, Kent
County; Judge Boyd, Allegany Coun-
ty; Judge Miller, Anne Arundel
County; Judges Offutt and Burke,
Baltimore County; Judge Parke, Car
roll County.
Supreme Court
It is noteworthy, with the State
at large to draw from, the four
Maryland men who sat on the Su-
preme Court of the United States,
and they were superlative figures,
were from the counties, viz, Justice
Harrison, Justice Thomas johnson,
Justice Chase, Justice Duvall and
Chief Justice fancy. This is no acct
dent; it results from the social, politi-
cal and economic situations existing
in the counties on one hand and in
Baltimore City on the other. In Balti-
more City there is a larger concen-
tration of wealth, there are larger
corporate interests than in the coun-
ties. The leading lawyers in Balti-
more City receive more compensation
on the average than the leading law
yers in the counties, not because Of
superior ability but because Of the ma
ture Of their clients. Lawyers like
other citizens tend to adjust their liv-
ing expenses to their customary earn
ings so that unless a leading member
of the Baltimore Bar has substantial
independent means and deep feeling
of civic obligation to serve the public
in the judicial Office, the judicial office
is not attractive.
Governor Richie Opposed Similar
Plan
In 1924 when a similar proposal
to tinker with the Court of Appeals
was urged, Governor Albert C. Richie
opposed and defeated this plan, stat
ing in effect: "The only way to
get more eminent men on the Court
Of Appeals from Baltimore City is
to increase the salaries Of Court
members" On the other hand, the
leading members Of the County Bar
are not faced with the same financial
adjustments which similar Baltimore
City lawyers face when they accept
judicial office. The salary provided
for judicial offices is generally ade-
quate to maintain the leading county
lawyers and their families in their
accustomed high standard Of living.
They are more ready to accept
judicial office. These observations are
not theories, they are facts. They
represent the realities in the situation.
The increasing cost of living and the
subsection of judicial salaries to Fed
eral income taxation increase rather
than decrease the chances of obtain
ing better judges from the counties
than from Baltimore City. 1t serves
no useful purpose to increase the OPP
portunity for selection if those whose
selection is desired cannot afford to or
will not accept appointment.
The facts do not support the argu-
ment advanced in favor of the pro-
posed second amendment. The pro-
posed change is unsound. Vote against
- L.