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The Green Bag

should not be imposed. At the hearing the government should be represented be the Attorney-General, and the trial judge by counsel, if desired. It may be argued that laws such as are suggested above would trespass on the dignity of the courts, and tend to lessen our respect for them. It does not seem to me that such would be the result. The proposed provisions leave the judge as independent as ever in forming his judicial opinions, and are addressed en tirely to what may be called his admin istrative functions — the business man agement of the court work. The better judges would be aided by such laws be cause they are already disposed to do what the laws would require, and their hands would be strengthened in the right direction. Indifferent judges would

be rendered more efficient. And judges who could or would not bring their courts up to the required standard would be removed and replaced by competent men. Presently the courts would be come known as places where prompt action was the rule, and, unless I am greatly mistaken, their dignity would be enhanced, and respect for them in creased, in consequence. There are few positions in which in competence or indolence can do more harm than on the bench. The judge who imposes unduly severe sentences is merciless occasionally, but the judge who fails to see that the questions brought into his court are kept moving toward their solution is, in his utter disregard for the sufferings of careridden humanity, merciless always.

The Judicial Character, as Made by English Judges BY HENRY C. RIELY OF THE RICHMOND (VA.) BAR As almost every lawyer did until more TO A REAL lawyer this must be an absorbing subject. He generally modern days, we begin with Coke. His desires and looks forward to the possi will be a great name in the law always — bility of judicial service. If such pro certainly as long as the English common motion comes, apart from the fitness law is known and studied. The imper that must depend primarily upon his fections of his character, so apparent own qualities, exertions, and experience, in his earlier life, were held more in re he will find no better light for his path straint while he sat on the bench, and than that which shines from the lives he exemplified much that a judge ought of the great judges of the past. To to be. Nothing in his judicial life is condense some of this precious light more interesting than his encounter with within a narrow compass is the purpose James the First — that paradox of a of these comments. They consist of monarch, whose own judicial discrimina but passing a word as to most of the tion was so exquisite, we are told, that names mentioned, based upon reading he could taste of the water from the not exhaustive, but perhaps sufficient cauldron in which some poor wretch to give at least a partial view of some of had been boiled to death and pronounce the great men of the English bench and the unhesitating judgment: "This was to afford opportunity to learn something a witch," or "This was not a witch." of the more obvious lessons of their lives. The incident is well known but is always