New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-09
JUDICIAL RRFORus.

We hope the result OF Judge bogart , ''i'i Hi''
have tended to satisfy some Of our contemporaries
that they were little too hasty in calling ior
radical change in the system Of Jury trials because
one or two Juries would not agree or rendered
verdcts which they did not like. What we seem
70 need most at this moment is, not so much
change in the Jury as a change in the Bench-or
rather change in the method by which our City
Judges are appointed.
The election of Judges by the people seems to
be, on general principles, conformable 10 demo-
cratic Ideas and, in that point of view, we have
been favorable to il. As applied to the Judges OF
our higher Courts, that system has worked well in
practice; but the same cannot be said Of our local
tribunals, charged with the administration OF GRIM
nsl Justice and the enforcement of our Police reg
ulations The case of two of these Judges, now
fresh in the public mind, is certainly not favorable
to that method Of appointment. The same rea-
sons, indeed, which make it necessary, in the adj
ministration of our municipal affairs generally, to
abandon many of the usages which answer sufi-
cieptly well in the rural districts, and to substitute
for them other methods of operation, apply with
peculiar force to this matter of the appointment OF
the Judges of our City and Criminal Courts.
1t is well known that here, much more than in
the country, few busy and active individuals take
upon themselves the entire management OF our po-
litical affairs The greater part of our citizens are
too much engrOssed with their own private business
or pleasures to have much time to give to the pub
lie. Content with merely putting their votes into
the ballot-box, they leave to somebody else to
nominate and print the ticket and put it into their
hands, and if it has the Endorsement Of some party
in whom they have confidence, they vote it without
thought and often in utter ignorance Of the persons
whose names are borne upon it.
Besides it is unfortunately too true, as has been
made evident by the testimony given upon some
recent trials, that among the persons who take a
large share in this controlling guardianship over our
elections are many who are themselves very proper
objects Of criminal jurisprudence. Such men as
Poole and Baker and their respective gangs are by
no means exactly the sort of persons to be en-
trusted with the selection Of Police Justices. In
the case of Judges whose jurisdiction il confined
to civil actions, or who, by the extent OF their
jurisdiction arouse the public to a careful scrutiny
of their qualifications, even the most unprncipled
politicians as they have special private interest
of their own at stake, may be expected to con-
suit the interest of their party by making nOmina
tons at least apparently respectable But when
it comes to the selection of criminal Judges with
a limited local jurisdiction, the case is different.
Unfortunately, there are in this city great many
people who, though interested perhaps in the gem
eral enforc, ment of the laws-as who, indeed, is
not '-have vet decided hostility to the enforce
nnnt of some particular laws. Aud it may hap
pcn-should we not be justified in saving 1t has
happened that by the combination and secret
arrangement of these parties interested in defeat
ing the execution of certain particular laws, very
unfit persons indeed are placed upon the bench.
Virtue is said to be essential to republican
government 1t is much to be feared that there is
not at this moment quite virtue enough in the
CITY of New ork to enable completely to carry
out the democratic theory. The appointing power,
vested in Governor, is no doubt liable to be
abused; but the sense ofindvidua and personal re-
sponsbility affords safeguard for fit appoint
ments beyond anything that party caucuses have
TO offer This is al important subject, and at this
moment a specially interesting one. When the
report of the Legislative Police Committee comes
before the Legislature it can hardly fail to become
prominent subject of attention.