cuits. There by the mutual consent and action of local bars, the mere fact that a lawyer is a Democrat or a Republican, cuts no ice at all. The State Bar Association is on record in favor of it; at least it is estopped to deny it. It is a long past due and highly needful reform in the judicial department. Experience and observation of both judges and lawyers can but convince them of the need of radical reform in the manner in which we select our judges, or more properly speaking, reform in the manner in which we do not select them at all. No lawyer questions when spoken to on the subject, while a great many are openly advocating it. There are some indeed who have nothing more than a friendly and pious reflection on the subject. Much like the mourners at the death of Mrs. Dambey, one says “its a pity"; another "who would have thought it” another, "I can scarcely believe it"; another "it is the common lot"; another "it seems just like a dream"; and still another, "she was a mighty good woman." It is not the most pleasant task in the world to enumerate and criticize even real short comings in our judicial system, and yet an open and conscientious reflection upon it put in print, is far more tolerable than were the unwritten strictures hurled at Job by Eliphaz, the Temanite, Zophar, the Naamathite, or Bildad the Shuhite.

We propose no reflections upon the office of judge: Lawyers and judges are as honest as other people, but no more so. We make no attack upon the judiciary as such. Our strictures are leveled at the political partisan machinery that inducts them into office, and the inescapable consequences that trail along with the system to the perversion of justice, often, and always to the perversion of judicial administration and the lowering of judicial standards and prestige, inseparable from a political and partisan judiciary. It is not the judge that is most to blame, in fact we will try to excuse him to the utmost possible. But most of them to-day, perhaps, are prone to cleave to their idols, and till a partisan judgeship is abolished, they remain a part of the system. With them it remains a matter of choice. So long as they continue to climb into office by the rickety ladder of partisanship, and glory in it, what right have they to complain, if here and there, in the office of judge they are made to look like a thirty cent piece? If a judge of the

system takes the opportunity on the Bench by an official act to disclose the political band to which he belongs, and the tie that binds in partisanship, even on the bench, need he be surprised "That eyes and nose and finger ends are notice taking”? And need he care? Rather, does he care? What he may have done was of debt, and not of grace or duty. Should he complain if litigants and officers of his court regret to see him placed in an atmosphere where he is not wholly above suspicion, instead of one where he finds it easy and gratifying that he owes no man anything except the obligations of his official oath?

We make no assault upon the private character of the judiciary. We do not believe that they yield wilfully to the promptings of partisanship. All that we say is, that it is inevitable. Our way of calling attention to it, may not be the best way. We may be lacking in tact, prudence or ability, but not of sincerity. We may make mistakes; Who does not? We have written but few books; We are only a beginner, and however well chosen the topic may be, this thing of learning to write books is like a boy learning to plow. The furrows will run in and out; too shallow or too deep. Here and there he will cut and cover, strike a root or break a trace, and now and again get a punch in the stomach.

The best we can home for is a general average.

In view

of the fact that this book if read at all from either curiosity or otherwise, it will and must be by the lawyers of West Virginia who are a very highly intelligent set of people. In that fact lies all my fears and anxieties; and but for the other fact that as a whole, they are a most generous and tolerant minded bunch of people, I might have long since thrown up the job.

ANFOR

THE INDEPENDENT JUDICIARY

CHAPTER ONE

Judicial Administration and Legal Reform is on the Agenda of every local and State Bar Association. An independent. judiciary very seldom accorded such special consideration. It seems impossible to be serious about that, and when it does bob up, it comes in like some wholly unexpected guest, and for the time being seems to be treated with courtesy and consideration, chiefly because it is a stranger than for any other reason. Everybody bows and is very polite, but no one seeks opportunity for an intimate acquaintance. Its mission would be just in line with the whole programme, and nobody has ever yet been heard to say no, still less yes. "It is certainly a very important subject, and one which should receive serious consideration" is the usual rejoinder when this visitor intrudes anywhere, but that seems to be all, and yet the time seems ripe for an independent judiciary, simply because few have the temerity to array themselves against it.

There is an admirable system of jurisprudence in the states of the Union, but the system by which it is organized and put in effect is a disgrace to the office of judge, a detriment and hindrance to the orderly administration of justice in every State of the Union. What is a court of justice? It is the highest and most impressive manifestation, in action, of that which goes by the name: "The institution of government. And what is a judge? That depends; It is said that the frogs of Ceylon take their hue and color from their environments, and none the less do our courts of justice bear the image of him who sits upon the bench.

If we had a judiciary which the office of judge seeks instead of an office-seeking judiciary, judges would dwell in an atmosphere free from political and sordid influences, and have about

then some mark and sign of office wholesome and elevating, begetting confidence and high regard of those with whom they come in contact;, which now, they do not have; which would impell all judges to administer justice, fairly, and in season, without bias.or prejudice, which they do not now do.

Love of place, power, and influence, petty and demoralizing, ever, that lurk in political organizations, is the seven year itch of human government, and just as contagious; the more one digs at it, the worse it itches and the better it feels: Not even executive appointments can affect a cure of the disease; Even whispering door-keepers of party conventions have been rewarded with the high office of Federal judge as a political reward for "Gum-shoeing" among warring factions in his own state. If you would fully visualize the present outstanding ideals of a partisan judiciary, it can be seen in an indeterminate number of individuals, before and after the election of a judge, in judicial Circuits in this state, and in any state, the center of which is the candidate or judge, thoroughly organized as a sort of handshaking mutual admiration society with its grips, nods and pass-words.

That is the sort of work-shop where present day judges are turned out to go on the bench to enter decrees and orders against his fellows under which, now and again, they wear upon their faces, the hue of death.

The office of judge is hoary with age. The first judge of whom there is historical record among a civilized people, was Moses, 1500 years before the birth of Christ. But he was not a candidate for the office. He was judge in chief of every great matter, and under him were inferior judges of less matters,judges of tens, hundreds, and thousands; and all of them were to have the saving grace of being able men, fearing God; men of truth who hated covetousness. Nothing could be more sublime.

It would be needless to trace the history of jurisprudence. The systems which exist are the accumulations of the wisdom of ages. Society among men, however crude, has always had some sort of tribunal, either for the redress of grievances or the display of despotic power; and whatever it was, whether for the protection of a citizen, the gratification of a tyrant,