Legal Reminiscences.
49
in some of the New England States, where which good citizens, fighting for reform, not the best judges remain on the bench as long infrequently fall, which diminishes the dig as they are able to perform their duties, by nity of the bench and detracts from its use annual or biennial elections, no one calls for fulness. One of their associates happens to a change in the system. distinguish himself in some political work, In too many of our large cities, the elec for which he is commended by the press tion system does not work satisfactorily, and his party. Forthwith the cry is raised and the reason is not far to seek. The large that he must be rewarded. His work may salaries paid make a judgeship a capital have been full of sound and fury, signifying prize in the political lottery, to be drawn by nothing but his unfitness for the bench. But him who has the strongest " pulls," with the spirit of reform is abroad and he is one very little regard to his qualifications. of its ministers. He is nominated, and if the There are scores — hundreds of men whose reform ticket wins, he is elected! qualifications no one would question, whose His unfitness is apparent in his first term. election would restore to the courts some He is irritable, passionate and reckless. He thing of their former authority and dignity. disregards the elementary rules of evidence, But such men will not bow their necks to a becomes the advocate of one party or political yoke, contribute the first year's sal the other, and usurps the functions of the ary to the support of a political machine, or jury. Instead of impartially charging the permit any " pulls " to be made upon them. jury, he harangues them, and finally badgers Consequently, they never reach the dignity them until they convict a man of a crime of of the bench. Their election would be re which he is innocent. Stung by her con garded as a political disaster. The judges science, the woman upon whose evidence wanted are those who will harvest for their the conviction was, but ought not to have party the last possible dollar out of the busi been had, confesses her perjury. A com ness before them. Every reference must be petent judge would have set aside the ver sent to one of the party heelers — every ad dict and discharged the respondent on his vertisement must go to a party newspaper, own recognizance. This one violently be whether anybody reads it or not. The sub rates him for his general character, gives ject is not pursued, because it is nauseating. him no opportunity to reply, and discharges It inspires the wish for a return of the old him from the indictment, but sends him to days when our fathers put clauses like this jail to be held as a witness against the into their constitution : — woman/ He is brought before a competent "There can be no necessity for, nor use judge, who discharges him because there in, establishing offices of profit, the usual was no evidence that he had committed any crime, and he could only be lawfully held to effects of which are, dependence and ser vility unbecoming freemen in the possessors appear as a witness upon his own recogni or expectants, faction and disorder, among zance. the people . . . and when an office, through This episode, considered per se, might be increase of fees or otherwise, becomes so cited as potent evidence against an elective profitable as to occasion many to apply for it, system. But proof of equal value against appointed judges is found in the same city. the profits ought to be lessened by the legis lature." (Constitution of Vermont, 1777.) Out of more than two hundred applicants, An application of such a provision would many of them well qualified, the mayor, as improve the character of candidates and the he thought, carefully selected and appointed ten justices with criminal jurisdiction. One dignity of our courts. There is another error of judgment into of these claimed and secured his appoint
