| Show territorial COURTS AND JUDGES DEBATE IN THE TT S X SENATE APRIL aprin 7 CONCLUDED mr boreman I 1 did not mean by anything I 1 said to convey the idea that the judges in the territories were worse than other men but we admit that they are human and if you leave this matter to them it will be nothing but what would would result from the ordinary course of things that each judge would like to nave have a better place and in these territories there are great preferences some somme portions of a territory are comparatively a wilderness while in other portions they have cities comfortable places for living and so go on the assignment to a particular district in a territory la is sometimes almost a banishment for the time being away from railroads and the ordinary conveyances of travel and the other conveniences that we have in the states now sir air this provision is anomalous I 1 do not know of any tny state where this is allowed to be done by the judges As I 1 remar remarked ked before itus kene generally rally raily fixed fer for the time by a constitutional convention and subsequently by the legislature judges are elected for particular districts by the people they are elected by the people for a particular territory here we propose to allow the legislature of ef the territory to set kofl the districts judges amm pire human beings as I 1 remarked and they are influenced just ilk lik like ilke e an any k other men inep as to their own interests 11 te td rests wo we not to devolve upon them the necessity of taking 9 action upon their own Interest interests si but we pro propose pose pope or the thie house proposes ro by this bill to repose that power in an I 1 impartial m partial body tody of men to wit the legislature of the terri tory which as ii has been well weli remarked by the senator from froin california must know the wants of the different jort portions lons ions of the territory ry equal equally with avith the judges they are sent up u by bk the people to td represent their interests they understand better no doubt how these districts should be arranged and they will understand the will of their people as to the quality and character and capacity of the j judge u d go to be assigned to a particular district I 1 cannot see bee from the various reasons which have been assigned by different members of the tho judiciary commit we should substitute what they have reported rather than take what the house has sent to us I 1 think the house proposition Is the better one mr WRIGHT I 1 only wish to add one word if I 1 supposed as is implied by what has been said on the other side of this question that there was a necessary nece or probably probable able abie antagonism between the judges and the people of a territory and that the judges would arrange the districts for their own interests and would not consult the interests of the people of the territory should conclude just as those senators do but the result of my observation and experience is that the judges are in as hearty sympathy with the people of the territory and as solicitous for the best Interest interests of the territory as any other officers eho who rho are bent sent there or who may bo there I 1 have no idea that these judges when they come to arrange their districts will ever for one moment think of anything else than what they believe to be the best interests of the people xer aver axer whom they have to preside as aa judges I 1 believe that there issach is such kindliness of feeling between these judges men of character and intelligence li Il gence that when they come to determine this question they will have reference to the best interests of the people and ithe the convenience of each judge as far as possible it is suggested by the senator from west virginia that he is not aware that in any stalest state it is left to tile the judges to assign the times for the holding of courts and who shall ahall hold such courts I 1 beg to say to him that in my own state we have a general law under which the dis disc brict tand and circuit judges the territorial jurisdiction of each being the same meet during the month of january ry each year and arrange the terms throughout that year when the courts are to be hel dhow many are to be held and for what length of time the blaces places are fixed by the general law that Is ia of boumel course at the county towns but the judge themselves fix the time of bohling tile the courts how long they shall shail hold their terms ac and I 1 have never heard a single suggestion of any trouble in connection with the power thus given to the j judges I 1 doubt not it is the same in other othen states also aiso mr CAMERON I 1 move that the senate proceed to the consideration of executive business mr CONKLING I 1 ask to withdraw that for a ilio irso moment ment while I 1 make a remark romark indeed I 1 think he ough ought L to let ui ua lake take a vote on this bill mr C aj may I 1 ask the senator f for r what purpose he desires the floor mr Com mina I 1 simply want to make a remark mr cameron will the senator renew the motion afterward mr I 1 wish the senater senator senater would not ilot insist upon his motion now because this bill Vill ought to be disposed ot it is a crying matter wo we can vote in irl a moment I 1 do not think there will ba any more debate mr CAMERON I 1 will yield for a moment I 1 the PRESIDING OFFICER mr ir SCOTT in the chair the S senator from pennsylvania withdraws I 1 his motion mr ir CONKLING mr president a moment a aj khela somewhat inadvertently isaid I 1 sald said a word about this matter without having the bill before me I 1 did not venture to say aay w what whal hat I 1 recollected as I 1 thought and what the bill shows twant I 1 want now to bring brink it to the attention of the senate the house bill hill pon pen contained not nob one word of that upon which my addend friend tr i lend from north caro caroi 1 lna nna ina una so eloquently discoursed not pot one syllable lable labie touching the fixing of foundries bound boun drIes rles ot of districts the places where courts should be held heid or anything whatever of that sort let me me deac to the honorable ra alezena senn senator the tho house rouse bill the leel leei legislature slature of each of the organized territories except the territory p oti TJ tah tab shill shall at each regular session thereof make an assignment of ggs the judges i to jod 40 d the ther coin is li lir the he reyer rever al f such Terilo ilip MY that Tha mi hil I 1 think that at is right mr conjunct that is sin another i question whether the senator thinks that is right or not bait but he lib went on to argue that the districts ought to be fixed by the legislature that the place of holding the courts ought to be fixed by the ithe legislature and soon so on and therefore he was in favor of the house bill now it turns out that the house bill has not one syllable or one letter on on that subject fiut is confined wholly to a provision tau iau theorizing thor izing the legislature bit or miss to te send belld every man rhan where it pleases leases to the districts district s which have teen been constituted now what is to be the effect of bf that practically either the legislature is s to go on ori without consulting I 1 with th judges and allot them so that whether ther it is judicious anu anu ana convenient or nob not is about elther olther w way equally probable or pise gise it ik is to do 0 it in connection wilh with tle judges they bein being bringas gas as every lawyer understands far more able to do this if they act sincerely than thu anybody i nybo cl else can mi ba if IV it is to be done in consultation with tile the judges then it becomes matter mat fer b of f favoritism it becomes matter of KS legislative persuasion it becomes matter in which members of the bar are asked to take part as friends of this judge or of that judge to the end that these questions of ence in districts may be settled to I 1 please them isay ibay J say bay mr bir be true that such questions must be carried td 16 the legislature atwill it will bo be time enough to carry them there thelo when judges have shown so little manhood manhood so little sense so little fitness for their places that they cannot adjust that in themselves a thing adjusted among all other courtland courts court sand and among all other men without difficulty but my purpose was simply to bring to the knowledge of the senate the fact that the house bill conferred no power upon the legislature to bound or fix districts or locate courts or do anything in the wo world rid save only to assign th the e i judges u adges to particular districts that is all now in lieu of that comos comes the amendment of the senate committee I 1 see the senator from ddom pennsylvania rising to fo renew his motion for an executive session but lefore before taking my seat ilish to say to the senator that I 1 think if lie he would ouid withhold his motion SQ sot long as aou would ld be necessary to enable a vote to be taken on this subject it would aou ild bo be useful as I 1 understand from the judges themselves that there is occasion for some expedition in thia this matter 1 mr z before I 1 renew my rny mr SARGENT I 1 ask the senator to allow me to reply to a remark made by the senator who has just taken taren his seat mr CAMERON I 1 only wish to say to the senate that I 1 believe it if we adjourn upon this question the lendar calendar ch will come up tomorrow to morrow marrow I 1 as a matter of cou course arse JL I now renew my motion mr HAMILTON of maryland mary land allow me to aski if we now will the calendar be in order tomorrow the PRESIDENT ro tema temp temporo it will mr HA MILTQN mllton t f of maryland I 1 mean is there any arrangement or agreement about th caien Calen calendar daf dai tor tomorrow the PRESIDENT ltd ard tempered tem it will come up at one without a motion the senator froni from penn sylvidia sylva sylvi hla hia kovei moves that the senate senaie proceed to th the cons consideration id of ex e business the talo motion wll wil was agreed to fa congressional record I 1 I 1 I 1 april 8 the senate as in committee or the whole resumed the consideration of the bill fr EL R no 1393 provi providing dinc for the assignment of judges in the territories mr nir wright h nt nc objection has been developed tu to tins ot bill which was not expected exp eap acted ns n s specially p ec i ally atly a 1 I on 0 n the t h part of the committee m t t e I 1 t trust ruit it will be acceptable to our friends on the other side if I 1 move that the bill bb re committed to the committee on jhb th 0 judiciary the PRESIDENT pro tempore the senator from iowa moves to re recommit co nimit the bill Is there objection I 1 mr SARGENT I 1 do not in make ke any objection but aask I 1 ask that an amendment which bhrell chave proposed to the orf orl original ginal bill lill nay may accompany it back to the committee com cittee and may be printed I 1 the PRESIDENT pro tempore if there be no objection the bill will bote bore be re committed the committee oh ohi the judiciary and amendment wili will also be refer referred red to thai that committee and ord ordered ere eie d to be prin printed ted fed congressional record |
