Year: 1876

HnwArHA KANSAS May 2s 1876
Enron CHIEF There is peculiarity about the
Ch,f that many papers do not possess Is TINS; IL
does not toady but points out the anits o. men IN
mower This is an invaluable qualification This Is the
kind of information the people want 1t is through the
press that how public servants are perform


ing their public duties But where the press is not indie


ndept Int sevie where reflects the wishes Of those
| who hold poston where it supports" man. as the


saving ia il does not euHghten the people in regard to
| that man s shortcomings or faults.


Ibave read YOUR article the District Judgeship in
YOUR issue of s5th of May, and have learned much
from IT, If is true the evil ought to be corrected You
seem to state these facts if they are facts IL is
quite important the people should be apprsed Of
| them The people generally cannot get hold OF such
things except they reach them through newspapers The
people generally do not attend Court and If they did,
tn ey mi sht judge well as those learned
| in the law. But when a comparison Is made as you
it, between the Judges of other Districts and the
Judge of District and appeal to the published
volumes Of the Reports Of decided by the Supreme
Court and the comparison is unfvoable As in your
article it appears be- it that ia wise for
the tax payers and those who have suits in Court
to see If some improvement in the Office Of Judge might
not be made had not before thought how important
the Office of District Judge to everybody 1t would
be bad thing it, through the error Of Judge, man
should be sent the penitentary If the Judge of
District in two years has had onethird


versed in the Supreme Court than both the Judges Of
adjoining and populous Districts who knows who
may be suferng in prison. whose case has not
been to the Supreme Courti Who knows how many er
decisions have been made, or how much wrong
done to those who not able o take their to
| higher Court


am interested in the matter Of the election of
Judge than hundreds Of others But your article
gested me- that the reversas of Judge Hub
bards judgments must be very expensive to some one


have inquired of several lawyers about what the expense
taking to the Supreme Court and its reversal


and its coming back to be tried again in the District
Court (as told that is the process would be- and
have been informed that the costs in getting to the
Supreme Court the there the sending Of attorneys


to Topeka argue it, and then retria in the District
Court would not be less than three hundred dollars.
then thought in this way From july 1872 July 1874
is two years-Onehaf of the of District Judge in
this State Your article says that there
large number of in the Supreme Court from this
District now We have two years yet to hear from
and the number of taken to the Supreme Court is in
creasing 1t is fair then that of the in
the Supreme Court judging from the past enough will
be reversed to bring the number of reversed during
Judge Hubbards term up to fifty This, multiplied by
three hundred makes fifteen hou dOHdrsfre thou
sand dollars than the salary of the Judge which,
understand is $4,000 for the four years have been in
formed that of the and probably majority of
them that go from this County the Sapreme Court
q
At this rate the reversed would the tgants
twenty thousand dOars-the salary Of two Judges 1t
costs then the ants in the Courts Of this District
third than it costs the gants in both the Leaven
worth and TOpeke Districts together This the par
ties to the suits When think of this extraordinary
expense, when make this comparison it really
But there is another item The Counties
compelled to the expenses of running the Court for
the second trials Here the jurors the per diem of
officers and in criminal the entire of the
Court witnesses &c, still be added with the loss of
time t. parties 1t does that if this be
improved, it is best to do it.


see also that yOu say, in your editorial of the a5h,
that in the 18th volume of Kansas Reports which
to be the last published six of Judge ubbards
reversed, and only two affirmed" If this is a
fair representation of the number that will appear
versed in the succeeding volumes then instead Of the
decisions reversed in Judge Morons and Judge Ides
Districts combined being onethrd less than this Dis
rict alone the number reversed in this D would
be rOthirds than Morons and Ide put together
and the expense would be cOrrespondingly increased
Now, not advocating any particular am only
considering whether the interests of the people demand
change have always understood that Mr. Perry was a
good lawyer and an honorable man. know of
why he would not make good Judge Is any in
the District. don't know but that he would make the
best Judge that could be obtained do care cons.
er that question Il would rather rely the Judgment of
about that who better able judge than
only wish to know if improve the present in
cumbent and what my the interests my
neighbors in the matter If remedy the evil
by eecng another person Judge would be bet
ter to divide this District and attach portion of
Judge Morton's, and part to Judge Ides District
hat We want suppose is certainty in Courts


nd less expense We have time enough to consider
the matter before nominations made and think
may thank the CHIEF bringing the subject fearlessy
to the public attention.


There other objections that you make to Judge |
Hubbard's reelection, but cannot estimate those per-
haps, well figure up question of taxation
If if is true that Judge Hubbard after deciding case
will not give fair bill of exceptions hoping thereby
that he may it a very serious subject
for consideration What makes you say is honest for
Judge to leave of bill of exceptions" that which
ought in put in that which ought stay
They tell that ii is the bill of exceptions" that
the is tried in the Supreme COur-tha it be
altered there-that what appears in the bill of excep
tons," the Supreme Court accepts true. If false
record goes up, defective record is allowed go up
by the Judge party the other to the suit is nur
ed; and thus to the judgment Judge be-
ing reversed justice law, and sacrificed
the reputation of the Judge. What makes you call it
hOnesti have been around the Courts some and have
heard great many of the lawyers make this complaint


cannot judge how but if true ought
be remedied. l think from what have seen in the
Courts that the charge of the Adrane against the law





cause they can't 'bulyrag" him, is untrue 1t shows,
believe that the editor of the AdrdRce has uch
of Courts lawyers-at he lcedk and that he believes
the people are weak as he.


have always noticed, in Courts. that the lawyers
respectful to the Judge-they address him: IF your
Honor please, If it please the Court May it please
the Court and other expressions of respect and
and the conduct of the lawyers towards the Judge has
tendency to create respect for him those who wit
ness it. have never yet any lawyer attempt to
"bulyrag" the Judge. have them anything
but respectful to him. have frequently them quar-
rel among themselves and try to bulyrag each other
but have them try it on the Judge. The Ad
is ignorant that question 1t arraigns the
tire Bar of the District, that opposed to Judge
Hubbards reelection, and imputes to it dshOROrable
and corrupt taOiues. Is it at the request of Judge
Hubbard that the Adranee makes this sweeping charge
against the Bari II and he reelected the relation
between the Bench and Bar will be unpleasant IN
profitable. That there is such state Of feeling
between the Bench and Bar do believe is
serious consideration by the people who elect the Judges
The business the property the honor liberties and
dearest rights Of the people, put by the people them
selves into the hands Of the lawyers be by pre-
sented to the Judge for adjudication If the relations
tween the lawyer who presents and the Judge who de-
cides upon dearest rights unpleasant can.
Nsus. skaL. Al