The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-06-26

sistently complain II the Legislature d.
iis next session should summariIy Dust
Judges HoKE, HALL, LEVINE, aal.
feow this ., Of course, msniiestly
wong. The Democratic party does
not ask nor desire the retsntion ofsuch
a nischievous power. The Judiciary
should be independent Of political in
fluence or intimidation, and should be
free from the necessity oftrimming their
Ebseese.-of
course, there should be power some
where for their removal from office for
good cause shown, but the process
should not be so easy or 30 Liable 70
abuse as that ordained by our present
Constitution. The practice in other
States land it certainly is the wiser one)
is to make judges removable by inn
pteachme nt, the popular branch Of the
legislature presenting the charges and
the Senate being sworn as jurors to try
the case, the affirmative vote OF two
thirds or three-fourths of the members
ofthe Senate being necessary to convic-
ton and removal. BY this means the
Judge is protected against party rage
and is freed from the necessity OF cater.
- - ~ = u
ing always to The will OF the party that
happens to have amaority in the legls-
Clature, in order to retain his place. .'
" To amend our State Constitution in
this respect is one Of the reasons why a
Convention should be held If it were
the only change needed in the organic
law it might be made by joint resolu-
ton OF the Legislature, but as there are
many others of equal Importance de-
manded by the interests Of the State, a
Constitutional Convention presents the
most economical and feasible plan Of
their accomplishment. 1t is singular
and significant fact that in this as well
as in several other proposed amend
ments to the Constitution, the party
now in the majority in the State and
in the Legislature proposes to relin.
quish portion of its power, and yet
the minority is contending with foolish
and insane bitterness against receiving
the guaranteed protection that we offer.
Such a contest as that now taking place
in West Virginia in relation to the call OF
a Constitutional Convention has hardly
ever before occurred in the his
tory of this country. The mi
nority is fighting directly and
plainly against its own inter-
est; while the majority, actuated
solely by love of justice and desiring to
forever prevent the recurrence OF the
prescriptions and prosecutions Of the
past, encounters violent opposition in
divesting itself of the power which it
thinks no mere majority should have.
If by any possibility the Radicals Of
West Virginia should succeed in defeat
ing the call of a Constitutional Conven-
ton, the consequences must be upon
their own heads. The Constitution that
permitted the removal Of KENNEDY and
HINpMAN will sanction the creation Of
a vacancy in nearly every Judicial
District in the State; the decisions Of
Radical judges affirming the constitu-
tionality OF various oppressive enact
ments win constitute convenient legal
precedents for almost any poll teal legis-
lation the Democracy may see fit to
adopt or that party necessity may re-
ouirc. We commend the subject to
the attention of our Radical breth-
rem and suggest that they would better
think twice before laboring to prevent
the Convention bpinp held