The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-02
Pnrtisnnship and the Judiolary.

RaTt180nSnlp anu @uuAOAOAys
OuR Democratic contemporary pretends to
be greatly scandalzed at the prospect OF
a partisan judiciary, as it terms it, But
If the Democrats are opposed TO par
tisan judiciary why did they force par
tisanc upon the people in connection with
the election of Judge this year, why ala
they nominate Judge Sharswood upon parti-
san platformY Why did they go out OF their
way TO make that platform especially OBJ
noxious to Republicans, so that not one OF
them can vote for him without inconsistency
and decentralization Had the Democratic
Convention passed single resolution dis
claiming any desire to make partisan contest
over the iudgeship, and then nominated Judge
Sharswood simply on his merits as a man and
a lawyer, we do not doubt that the Republi-
can Convention would have accepted the
tender in good faith, even though, aside from
his political opinions, there are considerations
of advanced age, etc., which make Judge
Sharswood less eligible than he would other
wise be. The Republicans have always been
ready to meet the Democrats more than half
way in removing the judiciary from the arena
of politics. The Democrats could have de-
prived the present campaign of all partisan
aspect had they desired to do so; but they did
not. They threw down the glove to the Repub-
hcans by making partisan nomination upon
platform which is the very essence of parti-
sanship. Not content with those issues which
are legitimately before the people, they went
out of their way to express obnoxious opinions
upon other questions. They made themselves
gratuitously infamous by attacking worthy
class of our fellow-citizens, and voluntarily
assuming the championship of injustice to-
wards them. They roamed the broad field
of national politics to collect all the Copper
head drift-wood and old, worm eaten party
lumber they could find, to incorporate into the
platform upon which they were going to run
candidate for Judge. And now they have the
assurance to complain that the Republicans
are making this partisan contest, and intro
ducing politics into the judiciary
Having thus, as we think, foored our anita
gonist upon the question of responsibility for
the partisan aspect of our present judicial
campaign, we would simply observe that there
is great deal of clap trap and humbug about
this whole idea of non-partisan judiciary.
We have never had such an one in this country,
and probably never shall. A judges inter-
probation of the Constitution and the laws will
always be more or less affected by his political
views. Everybody knows this. 1t always has
been so, and always will be so. And in just so
far the Judiciary always has been, and always
will be, partisan. A Democratic judge goes
upon the bench with those views of constitu-
tional law which he has adopted as Demo
crat. A case comes up involving these views,
and he decides accordingly. 1t is in that
sense partisan decision, though not neces-
sarily corrupt or incorrect one. Republi-
can does the same. Where parties differ as
to their construction of the Constitution, the
dominant party has right to have its views
represented and put in practice by the judi
ciary whom it elects. The people have a right
to rule in this department, as in all others of
the Government.
The obnoxious partisanship in the judiciary
is when the judges go outside of the case in
hand, as they did in the bred Scott dictum,
and put forth obiter dicta upon questions
which are not before them for decision, thus
attempting to foist their own political opinions
upon the people for law. This kind of judicial
partisanship, we are sorry to say, has found
its staunchest supporters, as well as its CHIEF
examples, in the Democratic party.
AS between the rival candidates for the
judgeship in the present campaign, we support
Judge Williams, both because we conceive
him to be the best qualified for the position
and because of his sound political opinions
His views upon constitutional law are of the
national and Republican school. We expect
his decisions to be imbued with spirit O
loyalty and true nationality upon all questions
that have a political bearing, such as we coult
not expect from any disciple of the moderi
Democratic school,