The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1868-03-12

Committee Of the Whole on the State of
the Union. to the Hall of the House. q
Election Of Supreme Court Judges.
The constitution and laws Of the state
have been framed with purpose as far
as possible, to withdraw the election of
judicial officers from the arena of mere
partnership. The constitution disquali-
fies judges for any but judicial Office
during the term Of Office for which they
are elected. Il further provides that the
election Of judges shall not be held at any
general election for state or county Off
GERS, nor within thirty days before or at
ter such an election. The intention of
these provisions is manifest upon their
face. 1t was in order that judges might
not be elected in the heated excitement
OF political contest. Such, too, was the
object avowed by the trainers of the
Constitution in the debates on the sub
ject in the Constitutional Convention.
But from the time the present Supreme
Court was organized, it has been the con
slant aim of the Democratic party to de-
feat the spirit of the Constitution, and to
make partlzan considerations paramount
IN judicial elections In the first canvass
Tor Supreme Court Judges, as long ago
as 1852, that party held Democratic
| State Convention and presented three
democratic politicians as candidates A
! peoples convention met and nominated
opposing candidates, selecting men with
reference to partlzan services The nom
lnee of that convention for Chief Justice,
the late Judge Wilton, was so eminently
| qualified for the position, that, although
the Democratic party was largely in the
majority at that tine in the state, he was
elected. From that time to the present,
| the Democratic party has, without ex-
ceptlon. held party convention and nom
mated a party candidate, as often as
judge of the Supreme Court, has been
elected As often, also, as they have
| done so they have been defeated The
Republican party, Oh the other hand has
never, until the present year, with sim
gle exception, IN party convention nom-
mated candidate for Supreme Court
Judge. Ii they have supported men
who were Republicans they have chosen
men not active In partisan warfare, and
who, by obvious fitness, were adapted to
the bench. 1t has been the general SEN
timent of the party that judges who PROV
ed themselves capable and upright should
be continued on the bench-that change s
In the court shonld only be made for
cauSe-and that the Office OF Judge of
the Supreme Court should never be ban
died about as a reward for party services
Thus Mr. Justice Cole, who was elected
| In 1855, has been continued on the bench
but has never been nominated by polit
ical convention Chief Justice Wilton
was continued without any nomination,
and Chief Justice Dixon, who was APP
pointed as his successor, has been contin-
| ued IN the same manner. So of Justice
Paine, he was never elected as the nomi-
nee OF political convention, but has
been twice elected by the people. Resign
ing during the war to enter the army, he
was last year appointed by the Governor,
to till The vacancy occasioned by the re-
signatlon of Judge Downer Thus, since
1852, no judge OF the Supreme Court has
been elected as the nominee of party
convention, though the Democratic party
have made repeated nominations, and the
Republicans have once made a nominal
tlon-dOne however in opposition to the
views OF large portion OF the party-be-
fore the present year. a ssa.
AT the approaching election all the can
didates for Supreme Court Judges are
presented as the nominees of political
conventions. As far, however, as the
nominees of the Republican convention
are concerned they can hardly be called
political candidates. The Democratic
party called its Convention in advance,
and, as was avowed by the political or
gans OF that party, selected and nomina-
ted candidates for Chief Justice and AS.
soclate Justice expressly for partizar
purpose. Jheir organs appealed to the
rank and lille OF the party to make an eff
fort, not to elect better men for Judges
but to elect Democrats for judges. In
view OF this determination OF the Oppo-
sltlon to make political Issue as far as
they were concerned upon the election OF
the judges, the Republicans, still adher-
ing to the wise and salutary policy of re
tanning tried and experienced judges up
on the bench, determined to nominate
those judges and give them whatever
support and sanction such nomination
would afford. The nomination of Chief
Justice Dixon and Of Justice Paine was
an expression by tue Republicans of the
State, IN favor OF the policy, so repeated
ly and emphatically endorsed by the peo-
pie, OF making changes in our court OF
last resort, only for cause. Chief Justice
Dixon has been on the bench for nearly
ten years, andjustice Paine almost as long.
They are both men Of ability, of learning
in the law, of large judicial experience, ol
irreproachable habits, and of an integrity
OF character which has never been cues.
toned. Both, as Judges, have shown
themselves fearless and independent in
their decisions, they have been unswerv
ed by considerations of policy looking only
to the law OF the case. As all judges
must, they have made decisions which
aroused the hostility Of individuals, since
there are two parties to every case, one
or the other of whom is necessarily de.
feated: as all upright judges must, they
have sometimes made decisions which
were in conflict with the views and the
interests of large classes of citizens. But
they have throughout shown an upright
ness, an intrepidity of Judgment, an i'm
partiality eminently BETTING judges Of
the Court of last resort: and, we believe
these qualities are known and appreciat.
ed by the people. There are some. even
of the Democratic party, men whose
party feelings are not embittered and ran
, corus, who will vote to continue Judges
, Dixon and Paine upon the bench, rather
than to pat them aside n favor of candi-
dates, one of whom is superannuated,a and
the other, young man, without Judicial
experience, and comparatively obscure IN
his profession. journal