Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1872-11-07

Judiciary Is elective, it, Independence. one
Of its most essential attributes. Is sadly
oncroached upon. The New York City
Judiciary has become notorious for it,
subserviency. II is matter Of self-graiu-
lstion that In Maine the Judiciary has thus
far preserved it, Independence intact.
This independence should be always jeal-
ously guarded and preserved. The hapri-
ness Of the people depends upon It. 4
Bench made up Of able. learned. incor-
} ruptible. and fearless men j. perfect
safeguard against wrong and oppression
. But while our Judges are not directly
{ made dependent on conventions and cleo
tons. they may he indirectly subjected
to the ordeal of popular favor. We should
dcprecate this. and hope there Is no danger
of II. but we netice with some misgiyiuy>
that the Bars OF the different Countic. are
Ietiiioning the Governor tor or against The
disappointment of some OF the supreme
Judges. We do not know which Bar. nor
which aspirant began this practice. but We
regret IL beginning none the less. II
hardly seems proper mode OF influencing
the Executive. II gives the Governor no
Information. l. tell, him nothing Of the
ahiliy. learning. integrity nor courage Of
the man. IL simply expresses the personal
wishes of certain lawyers in the matter.
Lawyers are but men. Ihey ar. not
always actuated solely by considerations
Of the public good. They may be intlu-
cneed in their wishes. by ruling, ana
opinions favorable or uniayorahle to ,hrIr
cases IN Court. We believe LAWYER. "a ~
vesy respectable class. bui We de- not
attribute super-huruan virtue. 10 them.
II any lawyer, or other citizen know.
augh, OF any mans qualifications. OF dis.
qualifications Tor a place on the Bench. 10
j. Ia, right and even duty t. INFORM th,.
Governor, to give the Governor substantial
facts and reasons. Ihi- would be a lcsi.i-
mate mode of influencing a judicial ALL
puintncnt. but we believe judicial posi-
ton should not Doe dependent Ia never so
small degree on the mere Icr-ouAl pref
crencc> of any class Of meu. Ne are not
saving that petitions prevent t.iv selection
IF eminent lawyers who wall adaru lLr
Bench. We only urge thar -uch a course
Viii more or les driraci from the peficct
Independence Of the Judiciary Every
occupant of the Bench will desire 10 rttain
his position, n, hi term expires. How
can he feel perfectly independent when be
knows that an honest ruling NAV offend
AL ira>cible but influential laayer. II
viii be difficult for him to hold the scale,
exactly even. when lac see, upon the one
side an obscure attorney. and ON the other
a lawyer powerful with the Executive
The near expiration OF the terms OF some
of the Supreme Judges. has suggested this
: article. We shall regret the change 81
, tenure from life to seven years, if when
ever Judges term j. about to expire
there j. to be a canvassins Of the Bar, Of
the State. We do not think it was the
intention Of the people 10 restrict any in
curnbent 10 seven years. but rather that
the Executive might have a mode Of get
ting rid of an unsuitable Judge. II wa.
meant. we think that the tenure should d.,
practically before, but giving the
Executive power 10 retire Judge when
for any reason the public good required il.
The Executive has thus far proceeded az
cording TO this theory. and Maine ha-
Bench of Judges that ranks high. and
commands the confidence of the people.
We are not arguing that Judges should b..
kept on the Bench until they die Of old
aye. The business OF the Court would
suffer from such an arrangement. No
Judge would desire TO remain on the Bench
when advancing years in the least endan-
rPeness OF years. would be fitting close
of eminent judicial service.
Neither do we advocate the retention
, OF younger Judge. who for any reason
does not possess the confidence Of suitors
Ii Is not enough that a Judge should BE-
honest. he should be thought honest. We
only object 10 canvassing for sufrases
. We ought TO trust the Executive to de-
: termine when by reason of age. infrmi,y.
or other cause any Judge ought TO retire.
: He should do this without reference TO the
\ wishes Of any friends or enemies. any
: Present or future Judge may have. II he
II has not the knowledge and courage to do
! this. he does not come up to the require
: ments and responsibilities of his Office.
a We can as safely trust him TO MI any
; vacancy. He is familiar enough with his
# State TO be able. with the help OF his con-
stItutional advisers, TO select good Judge
q There certainly are men in the legal pro.
fession, whose judicial qualifications are
so eminent as TO be well known to the Gov
ernor. II there are such, We hope the Gov.
= ernor will make a wise selection. unin-
n iiuenced by the personal preferences Of
=, particular men. We also hope that law
j.. yers. and all others will do nothing tc
embarrass the Executive in this his mos
=, solemn duty.
The Judiciary of Maine occupies a loft,
:. position. II is regarded by the peopl,
with pride. affection and confidence Il,
If be member Of that body-to be called al
:, to the Bench by the Executive. withou
ar solicitation or canvassing is worthy an,
mans proudest ambition. No man si
called should refuse. No man should b.
called down from it without reason W
trust the character OF our Judiciary ma
ever shine with added lustre.