the governor. The chances, I presume, of the
selection of a good, and learned, and impar-
tial judge, would depend very much upon the
knowledge which the parties making the
selection have of the character and legal abil-
ities of the party proposed, whether he is to
be appointed or elected. I venture to say
that there is not a judicial circuit in the
State that has within its limits a man really
learned in the law, passionate in the practice
of his profession, but what that fact is as no-
torious to the people of that circuit as any
other thing which is a fact.
The qualifications of a lawyer are some-
thing that cannot be hidden, or his disquali-
fications at the bar. If he is successful, if he
is learned, if he is able, if be is eloquent, the
men who are called upon to select him are
constant witnesses of his professional career ;
and I do not know one fact more certain
than this, that the popular appreciation of a
judge's character and ability, is its very best
test. It is that teaching which is attained
by experience. He has practiced for years
in the courts of his circuit, and the people
having causes there have intrusted them to
him. They witness his management of their
causes, and of the causes of other parti's,
and there is nothing more certain than this,
that when a party has a suit to be brought
in any court of the State, he knows exactly
the man best qualified to try it, and be will
go to him.
On the other hand, the governor of the
State appoints a man whose face perhaps he
has not seen a dozen times, or half a dozen
times; and appoints him how? It would
hardly be dignified for the gentleman to go
and solicit the appointment. He would bet-
ter solicit it at the hands of the people than
at the hands of the executive. How does the
governor hear of him, or what does the gov-
ernor know of him, except through the re-
commendations of his personal and perhaps
of his political friends? That is the amount
of the governor's knowledge of the man;
while the knowledge the people possess con-
cerning him is that which has grown up
perhaps from an experience of twenty or
thirty years' active professional service in
the community.
This being the case, who is the best qualified
to judge what man can best occupy the
bench, the governor who knows him only
from the recommendations of his personal
and political friends, or the people who have
been the witnesses of bin course of conduct
for twenty or thirty years? I say the people
are the best judges And the people have a
very just appreciation of the importance of
the judicial, office. They know that their
property, perhaps their lives, their interests of
every character, are under his especial guar-
dianship. They know that not only upon
his impartiality but upon his legal wisdom
perhaps depend the positions they hold. They |
may be brought into court any day; and
they know the man who is to decide there
ought to have sound legal learning, ought
to be impartial, fair and just. I verily be-
lieve that in ninety-nine cases out of one hun-
dred they will choose such a man.
Practically to the people of the circuit or
district in which I live, it has been one and
the same thing, whether elected or appointed.
The present incumbent there has occupied the
bench for thirty years. Certainly he has not
been re-elected time and again because he
was the sort of man to pander to the populace,
and to deal with a light hand with crime,
rowdyism, profligacy of any sort that came
under his judicial notice, it has got to be a
saying among the people who arein the hab-
it of coming into our courts—don't fall into
Judge Pryor's hands; if you do he will give
you the extent of the law. Why do the
people re-elect? Why have the masses
voted for him? Because he was tolerant of
popular abuses, rowdyism, drunkenness,
rioting, and everything of the sort. No, sir;
that is not the secret of the matter; it is be-
cause the people who have elected him once
and again, have observed for many years his
conduct as a judge, and they have faith in
his legal learning, faith in his integrity, and
know he is just the man to whom they can
safely intrust their interests; and the conse-
quence has been that he is now filling by ap-
pointment and by election, his third term in
that service.
I did not propose to say as much as this.
These thoughts suggested themselves to me.
I do believe that the people are the best judges
of the character and qualifications of their
judges, and they have such intimate knowl-
edge of the men at all times and under all
circumstances, personally, normally, and pro-
fessionally, that they know into whose hands
to intrust themselves and their welfare.
Mr. NEGLEY. I do not intend to say much
upon this matter, but I am inclined to favor
the amendment of the gentleman from Balti-
more city (Mr. Abbott.) I do not believe
that the operation of the elective system of
the judiciary of Maryland for the last four-
teen years has been found to depreciate the
character of the judges, in the circuits at
least. In our own district we have on the
bench a man who was on the bench under
the appointive system, and I think altogether
as competent and as good a judge as it would
be possible for the legislature or for the gov-
ernor to give us; because I believe that the
people of the district are the best judges of
the integrity and legal capacity of the man
to be selected for the office. The constitution
provides that the citizens shall not go out and
select A, B and C, without any reference to
their integrity or legal capacity. The constitution
restricts the selection to men learned
in the law. With that restriction, I think
that the people of the several districts are |
