Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-01-12
SOME THOUGHTS CONCERNING
AN ELECTIVE JUDICIARY.

How far the people have a right TO prac-
~,ically review decisions of the Supreme
Court, may be estimated from at least one
stand-point-that obtained on the floor of
a nominating convention. So long as
and wherever the people have the direct
election Of Supreme Court Judges, they
will demand in advance certain assurances
of opinion from their candidates. 1t is
our right, in all propriety, to know
whether a candidate for judgeship nomi-
nation il a Union man or Copperhead a
practical inquiry as TO whether he be a
States-supremacy or u National man.
The opinions Of ar aspirant for high judi
cial hnnnrs are ftly canvassed on gener-
ally mooted questions. likely to be sub
mitted TO the Court Of which he asks TO
be made a member. \ Judges opinion,
his belief on any given subject may be as
legitimate and a more important matter
for consideration in u nominating convcn-
ton, than are inquiries into his morals
and manners.
The privilege of such Investigation
as to already formed convictions on par
ticular subjec,s-being conceded. it is
proper to add that the public justly hold a
Judge bound by his pledge on the plat
form, and while he sought the place OBJ
tanned. His assertions there made are. in
some sort, ~anticipatoiy decisions and it
may be that upon them the people will
for months or years rest as secure AS
though the same had been made in due
form, while the utterer was actually clad
in the ermine. A change Of thought and
determination OF a question Of great pub
lie concern, a revolution Of belief on such
matter. after an election secured BY Il de-
claration or one side of the issue, would
properly be followed by the resignation of
the officer so changedin the conclusion Of
his mind, before he is forced in the con-
scientious rendering Of a Judgment, TO go
back Of his former views and overthrow
the property interests placed or risked
through confidence in his stcadfas,ncss of
conviction in the particular premises.
Understand US: Any mana Judge
no e~xception-msy alter his mind on any
subject. and no, be amenable to challenge
on the score Of integrity for so doing.
But where his altered views affect matters
long under popular and special judicial
discussion prior TO his acceptance of office,
where his contrary conviction is in the
face Of his expressions at the time of his
nomination, upon which all relied then
and until he signihed differently from the
Bench, prudence for the people and per-
feet respect for himself. would dictate a
quiet withdrawal from the Judges chair.
or a persistent refusal to participate in the
deciding Of points involving an authori,a-
tive writing of his momentous conversion
TO a new position, Of the character de-
scribed. II Judge, to-day, decide a case
one way, and ,hereupon millions OF dollars
worth Of property are s,aked, and n
year from to-day decide precisely the re-
verse, whereby many thousands out of the
invested millions are lost. thousand of
workinymen are thrown out Of employ.
the business Of entire communities disar-
ranged and the entire de~popula,ion of Il
large section Of a State actually threatened
in such a case we might say, with a
shout: the tickle magistrate should have
resigned before he. presumed to do 50 vast
4 wrong. Especially would this be a hit
judgment from the people upon him, if
there was no moral question. no principle
of patriotism involved in the case-from
their intrinsic force lending support to an
otherwise wholly unjus,iiable proceeding
upon his part.
Now. we repeat, a speech in convention
or from the stump, By a candidate for a
Judgeship, may be taken and acted upon
as a decision from the Bench and upon
the declarations therein made, millions
may be brought into the State, loaned
and-lost: May not this be so