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TH8 BAM-Y JeWMAL, ftALMg, WMWMI, TUESDAY, DECEMBER 8, 108.
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Absolutely Pure
WflbT S A SUBSTITUTE
tACK OF JUDICIAL
TEMPERAMENT
(Oregon Law School Journal.)
Ono of tho most important ques-
ttlono which tho people havo to con-
uridor In the selection of a Judge 1b:
Has ho truo Judicial tomporanwnt?
No Matter what his learning may he,
If ho has not tho olemonts In his mako
mp which give him a reserve and com-
jposuro In the consideration of qtios-
Ulona that may como before him for
decision, ho is not flt for tho offlco ot
Judge, ft is admitted by all, by tho
Hayman as woll as tho lawyer, that
whero tho Judgo has not tho proper
judicial tomperament, tho rights of
4ho poopio suitor.
Tho Judges In tho past who havo
-commanded tho rospect and admira
tion of tho poopio havo been those
who- wore animated by a fooling of
3liulncAj, and a doslro to docldo coses
In accordanco with tho law and fairly
and honestly Intorprot it. Judges
"who have boon intellectually strong
sutil destitute ot tho "milk ot human
3iladucss," which makes tho whole
world kin, havo boon condemned,
rhllotbo Judgosof heart nnl soul havo
Tboen commended and rocolvcd the
vlaudlUi of a grateful people.
It Boinotlmos bappons that a person
of mediocre tnlont and lack of culture
and reflnemont, who has by chance
lionn otorated to tho responsible posi
tion of a Judgo on account of locality
or environment, rather thnn by reason
ot bio learning as a -lawyer, sots
ualdo all rules ot deconcy and courto
ay In. his Intorcourao with his follows,
and BoomB to think that his dignity hi
fmhaucod by n sorlos of insulting con
luut which prevents the proper trial
of rosea In court, to the detrimont ot
tho rights of litigants, that calk for
the aoverost condemnation. It Is
nuedloHB to say that Buah a porAon
has not tho Judicial temperament of
which Judged uro made, A norsoo
who is thrusting himself Into places
of prominence ou all occasions, crowd
ing out more nblo and compatout
mou, doe 8 not possess tho qualifica
tions or attributes to mnko an ideal
judge. It such a person had tho modes
ty orroaervothatnretho concomitants
of tho learned and nblo lawyer, ho
would, not bo given to these small and
petty propensities, which disgust right
thinking men. What would have boen
thought, if Maruhnll, Tanoy, Chauool
lor Kant, Cuoley and othor dlst'n
gulshed Judicial lights of the country
had uought overy opportunity social
ly to thrust themselves upon the i ub
lltt? The merits of theso Judges, be
speak their modesty. They were true
and cultured gsutlemen, who were
not given to tho ways of th uncul
turcd imrvomt in their Intercourse
with society. Tiioy were truly edu
cated tuul refined Judges, ho had
oooBldorntlou for those having busi
ness in court, and did tint trample up
on tho rights and privileges ot lltl
Xante seeking aid ot the courts.
Tiu person ot the true Judicial tarn
imminent Is not filled with the o'er
mastering passion to hurry through
tho uusliiAM of the court He Is not
impelled with tho disposition to hurry
through the legal buelnesa which may
oaiu before him In a way to startle
h disinterested ohserter. The per
wa of a sound Judlelal temperament
ouduotsvtho oases In court with de
liberation. Ho uovor hurries beyond
reason. Ho-ls not on a norvous strain
SjoUnlsh tho busluoaa. Questions that
obiu before a judgo of proper Ju
tdlolsl temperament are oonstdered
carefully, thoughtfully aud with. 'oar
aiesUosa, bo that bo may fairly and
Impartially decldQ them,. If tho mem
tiers of tho bar havo been Industri
ous onough to examine, collect aud J
preparo authorities, a Judge who is flt
to bo ono listens patiently to the au
thorities presented to him, and thanks
tho attorneys for tholr industry and
doslre to proporly inform tho court
upon the questions under discussion.
Tho Judge who Is utterly unfit for tho
discharge ot his duties will not permit
nn ntfornoy to clto an authority In be
half of his clients. He will not llston
to the argument of -counsel stating
fully what tho law Is and that which
Is for the best Interests of those whom
he represents. His bump of self
ostecm is of such tremendous propor
tions that hO'Will not tolorate any oth
er Idea .to be considered In his court
room but what ho is tho head and
front of all knowlodgo, and thoro is
no ono able to enlighten him upon
tho question of law involvod. Tho
nervous strain under which one of
thoso illy-constructed Judges labor
during a torm of court Is somewhat
pitiable to a close observer of human
nature. Instead of bolng at oaso dur
ing tho proceedings of court, ho is Just
tho opposite. Instead of bolng kind
and courteous during the course of the
proceedings in his court, ho Booms tc
think It Is an Indication of his Indo
pendonco If he Is surly nnd insulting.
Tho ideal reservo that wo look for in
n Judgo Is lacking in ovory rospect,
nnd ono goea forth from tho precincts
ot tho surroundings of his court room
with foellngB that aro anything but
ngreeoble. Tho thought Is uppermost
In his 'mind, how long will a suffering
and patlont public be forced to put up
with his whims and idlosyncraclos?
The Judgo who has the truo Judicial
tomperament, who Is possossod ot tho
qualifications that fits him for his high
offlco llstons patiently to wltnossos
and clients in the course ot the trial.
It ho Is a Judgo in tho proper concep
tion of tho word, he will not constant
ly display his weakness of character
by thrusting hlmsQlf on nil occasions
before tho public to be gazed at and
admired. It he Is an Ideal Judgo his
office and the trust roposed In him
are sufficient honors, without nn ef
fort to grasp every flimsy bauble in
sight, and drag tho Judlalal ormlne In
the dirt and slime. If ho has but the
least conception ot the traditions of
the Judlolary ot the country, ho will
not be posing before tho people on all
public occasions. This strife for un.
due notoriety is Indicative of the cul
lowness and verdancy of the Judge,
and the failure In his youth to tave
been properly Inculcated with the true
principles of a gentleman. As to such
a Judgu's weeklies! In public we have
nothing special to do. except to more
fully Illustrate his failure as a judge,
and call attention to the fact that hie
Inordinate ambition for poptthtr ap
plause unfits him for the Judgeship,
where questions ot law are to be culm
ly aud deliberately decided, and the
welfare ot the people Is Involved.
One at these Judges who lacks the
true Judicial temperament is self-eon
colted to nn extraordinary degree.
While In the private walks ot life this
Is a disagreeable trait ot character,
yet, when. a person of this kind is ele
vated to the position ot a judgo It is
far more noticeable, and tho conse
quences to the public are of a greater
calamity. Such a judge. Is, as a rule,
a case lawyer, and not well grounded
in the elementary prlnolples of tho'
law. Destitute of all equltablo
thoughts, ho Is bo technical 1& the ad
ministration of tho law as to prevent
cases from bolug tried out on their
merits. Suoh a judge Is technically
run to seed. He has a mania to use
ovory effort to throw litigants out ot
court on tho merest technicality, and
render a strained and forced con
struction of the law to do bo. It it
vrero not for the supervising control
of a higher tribunal the Interest of
those hating business in court would
Buffer greatly. litigants aro in con
stant fear and dread that the Judge
will go off on some tangent that will
throw them out of court and force
them to appeal to tho supremo court,
at great expanse, in order to obtain
redress.
The Judge who lacks Judicial tem
perament, and ia ever Booking for
some extreme technicality to prevent
the trial of cases upon their merits, is
a menace to the proper administra
tion of tho 'law, and brings tho court
into dlsroputG and contempt, and en
courages lynch law.
The Lord help those parties who
have business beforo such a court
Every manly instinct rebels against
being compelled to try cases there. Is
tho re no help for persons who aro
obliged to submit their cases to such
a court? Can a tyrant Insult the peo
ple for all time? A faint-hearted pub
lic is responsible for this state of af
fairs. The Journal insists upon manly
and courageous courts, and nothing
more ie wanted. Nothing less should
satisfy our people. Speed the day
when tho courts of tho land shall be
free from the blighting influences of
a Judge who has no consideration for
any one.
Restaurants Close Their 'Doors.
San Francisco, Dec. 8. About 50
restaurants, including the best pat
ronized places In the city, closed their
doors Monday, and it is announced
that they will not reopen until a sat
Isfactory adjustment of tho trouble
with the Cooks' and Waiters' Union is
effected. Tholr proprietors are mem
bers of the Restaurant Keopors' As
sociation, which yesterday voted tc
suspend business rather than employ
none but union men, though they say
they will not discriminate against
membors of a union. Soino membors
of tho association, whose places ot
business are in outsido districts, failed
to closo, and sovoral downtown oat
Ing housos romalnod opon, their pro
prietors explaining that they wero
not prepared to shut down .Immediate
ly. Between 1500 nnd 2000 men were
locked out.
Committee Will Investigate.
Washington, Doc. 8. After a polit
ical fight lasting an hour and a halt
today, tho houso adopted,' without
amendment, tho Overstreet resolu
tions calling on the postmaster-gener
al to rorward to the house committee
on postofflccs all papers bearing on
tho recent investigation In his depart
ment! The Democrats mado a vain
ondoavor to amend so tho information
should go to tho houso instead of the
committee.
Could Not Quit Drinking
North "Yakima, Doc. 8. James A.
Dougherty, blacksmith of this city,
commlttod suicide in Shardlow's sa
loon Sunday night by drinking an
ounce ot aconite. He left a letter to
his wifo Instructing her to bring up
his boy In a way that would mako a
bettor man of him thnn ho was. Ho
nlto said he was "going" becauso ho
could .not quit drinking. Ho said his
father had gono tho same way, and
ho could not resist it.
About the Isle of Pines.
Washington, Dec. 8 Tho houso to
day adopted the resolution of Crum
packor. Instructing tho cemmtttoo on
judiciary to Investigate whether the
Isle of Pines Is United States terri
tory, undor tho constitution, nnd
whether It can bo coded to a foreign
nation without the consent of the
house.
, Will Not Consent.
Pittsburg, Dec. 8. President Shaffer
of the. Amalgamated Association ot
Iron, Steel and Tin Workers, today
stated emphatically that membors of
the union would not accept a reduc
tion of wages, noi would such a reduc
tion be oven considered, or discussed.
The Gas Exploded.
Parsons. KaH., Dec. 8. A natural
gas i plosion wrecked the Beros
block this afternoon, doing $30,000
damage. Windows a block away
wero smashed.
Wants Pay for Prunes.
T. M. Hloks today brought stilt in
the cirvult court against V. W. Settle
mler for the recovery ot $138, the val
use ot 3300 Italian prune trees,
sold to defendant Deoeraber 5. 190S.
Plaintiff also asks for his costs and
disbursements. Grant Corby appears
as his attorney.
i.-rileielfM--
I feel that Dr. Wright's
Method of extracting teeth
Is a great blessing to hu
manity. I had an ulcerated
tooth extracted without any
pain,
P. H. RAYMOND.
Assistant Postmaster,
Salem, 'Oregon.
I
M44fei)iait;tan
Ike Manning's
Matagalpa Coffee
Is Absolutely Without An Equal .
Get a pound and ty it, and if it isn't tne finest coffee you
ever had, bring it back.
i ne
Wants to G;t
Another
The fight waged by Oregon miners
against the obnoxious Eddy corpora
tion tax law has assumed definite
form, and the campaign Is being
stronuously carried forward.
A bill amonding the Eddy corpora
tion tax law has been drawn up by
R. C. Wright, who is ono of tho ox-
ecutlvo beard of the Oregon Minors'
Association, and will be introduced
at tho special session of tho legisla
ture, called to convene December 21st
Tho amondmont covers the tax on all
corporations In the state, making tho
minimum fco $5 nnd tho maximum
$15. Tho $5 fee Is for corporations
up to and including a capitalization
of $25,000 nnd $15 for all above that
sum. This, it Is contended by min
ing men and other incorporators, will
be agreeable, and they aro determined
to bring tho matter to a head.
It has been suggested that a mass
montlnir lin rnllarl In Portland to fnkn
up tho proposition and get united
6flPITAL
Daily ot Weekly.
Reduced One Dollar
Sattftfday Dec. 26
Metropolitan Magazine
Two Geat Offers
Journal subscril era will thia yotr bo given another special bargain day anl ii has boon set
for Friday, December 26th. On that date you cm got The Daily Journal for one year, cash in ad
vance, by mail, for $8, or by oarrier for $5. Thia is a flat reduction of one dollar, not only for the
use of your cash, but to sayo us, as woll as our subscribers the tirao and troublo of "numerous pay"
metita during the year. It saves us work and it 6aves the subscribers cash. Remember the date'
December 20th. All who pay
this ofler, kven if your subscription is paid up to the present time or in advance, you can got th9
beuefit of an additional year on that date at the reduction. If you can't come to the office on that
date send it in sooner, aud the credit will be made on that date, December 26th.
To any of our subscribers, old or new, who pay a year inadvonco. $6. bv carrier or $ by
S mail, The Metropolitan Mngazino will be given free for ono year.
a wouuenut lnagnziue uisownere
bamplo copies ot the great Aletropolitan Alagazino can be seen by calling ut tho Journal oi
fice or nt any news stand. It is ono of tho fiue3t magaziues in the country and the price ii i.50
par year. Look up this great offer and take advantage of it.
HOFER BROS.
Pahtkkzas
umitfwwi
oaiem
e
Roaster
I. O. O. F. Temple, Cotttt St.
effort. A copy of tho bill, as drawn,
will be sent to every branch organiza
tion of tho Miners' Association in tho
state, as well as to all dally and week
ly papers. It has not been decided as
yet who will Introduce tho bill, but
many members havo signified their
willingness to support tho measure,
both in tho house and scnafe.
The present law was passed Febru
ary 1C, 11)03, and has, to a great ex
tent, boon a dead iettor, as many of
tho companies have refusod to pay tho
license which amounts annually to
from $25 to $260. Those mining com-
, pnnlea tfcat haye not pa(d flre do,ng
work just tho same, and the corpora
tions that havo complied with the
torms of the law receive no more en
couragement than those that have
not. Tho backers ot tho bill-to bo in
troduced are confident of Ub passage,
as every person Interested In Its bo
coming a Jaw Is using Influence on
tho members from tho different sec
tions of the state, asking their aid to
wards its adoption. Baker Democrat
Railroading In Scotland.
President Vreolaud, of tho Intcrur
ban Street Railway Company, of Now
' York, an organization that has just
I
Ftfee Fot One Yea
up arrearages, if they have any, can
tu was paper, ano preparo to prom
Coffee
Issued a report showing that it carriei
over 1,000,000 passengers a day, audi
takes In over $20,000,000 a year, wa
talking the other day about tho rail
ways of Europe.
"They aro not as good as ours," said
he, "and this is because tho Euro
peans aro not ready to visit us and
profit by modern Ideas, as is tho cue
with officials In America.
"A Chicagoan was in hero talking
to mo yostorday, and he said that
whon ho was abroad last summer b
found tho railroads of Scotland atro
clous. He assorted that on ono ot
thoso railroads, one day, the train
stopped in a desolate country, asd
the guards got out, sat down on a roc):
and began to oat their lunch.
"Tho Cqjcagoan put his head out of"
tho window and shouted!
"What Is tho matter? Why have we
stopped in this forsaked spot?"
A guard replied, frewning:
"'Yo maun e'en bid a wee. Th
wator foAtho onglno'has gano aft the
boll.' "Boston Post
o
V(tO
f
. e t o 3Ei a, jk.
rTtolWYwRni!
on that date get the benefit of &
Seo tho announcements of thu
oy our great oner
Salem, Of egon
nzptaV
journal!