There are few judges who dare to cut short the examination of a witness, although the length and direction of a trial are supposed to be within the discretion of the judge.  He is hindered by the technicalities of those who insist, hoping for a reversal on appeal, and sometimes the same technicalities are used to prevent the actual facts being brought out.  The solution probably lies in extending the powers of the judges over the conduct of a trial.

He has a position of interest and authority and one that commands respect.  In England he dresses for the part in silk stockings and is next to the king in importance or about equal to a bishop.  In Germany he is a little better than a Herr Pastor or a doctor, but inferior to a young lieutenant in the army.  In France the salaries of the judges are pitiable.  The highest, the president of the Cour de Cassation, gets $5000 a year and the lower judges only a few hundreds, with no possibility of earning anything by practicing law, but there the judges are persuaded to take out the balance of what they should have in salaries in the honor of their position.

We are so shockingly frank and matter of fact, that we believe that the conventionality of pomp and circumstance have been too much regarded in courts and court procedure, that dignity is not accomplished by wearing a wig, knee breeches, or gowns of ermine and silk.  It is consistent with a plain-spoken people to feel a contempt for state and symbols.  Any attempt to return to the conventionalities of Europe is met by the contempt of a democracy.

In rebelling at form we have been so occupied that we have not been awake to a change in substance that has been demanded by modern conditions.  The courts are gradually reaching a simpler basis.  Formerly they may have been surrounded by more pomp and magnificence, but the work is now being better laid out and the course of the proceeding is on more modern lines.  Changes in practice acts will revolutionize trials.  People smile at the dignity of their courts and judges.  The modern spirit is for greater frankness, simplicity, and directness.

If he is a sane and reasonably simple man the judge tries to do his duty according to the light that is in him.  He knows some law, has seen a quantity of human nature and passions flowing before him.  The court-room, his position of authority, the respect of the community, the human drama, the abstract and intangible demand of something above the actual awakens in the judge that passion for justice which is a quality almost divine.  The man himself becomes patient, understanding, and humane.  Nearly every man, no matter how small he may be at the beginning, rises to the responsibilities of his position.  So it is with the judge.

It is undecided whether the judge is entitled to more respect from the lawyers and laity or whether the laity is entitled to more respect from the judge.  The judge sits indolently crumpled up in his easy chair; before him a leader of the bar is arguing.  In an eloquent manner he is pleading for a young attorney who is about to be punished for “Contempt of court.”