New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-27
JUDICIARY REFORM.
ADDRESS BY THE BAR ASSOCIATION.

| they
for reform. This Association Of moro than co.. member.
| OF tho Bar OF the city. with its constitutional
me due ADMINISTRATION Of justice for the people At large
has furnished evidence OF ia fidelity 10 thai
from rom merteG Teproach When our efforts wels
needed 70 relieve you Of those infamous Judges whom
judicial had placed In our seats OF Justice VIZ
endea yorcd 20 do duty: and now whom the whos
power rests with you in respect to greater aDd more
permanent reform IL Is equally our duty 10 furnish the
aid Of such advice observation our experience.
i' composSd az this Association a. OF members Of all
political parties. shall speak and ac upon ths sub
iect, do upon Others without regard to rtisan
politics For more than a quarter o, century tho
Experiment judicial elections has been on tfal ~ Tbs
There have been great changes great scan az
great anxieties IN respect OF our lddcaI a4ifs
duriug This period Few have been satisned, ana hs
best citizens nave felt Illuminated ana a,tfbed ihe
people OF the State nave now, for the nrst uhe' an
opportunity On rjectng wat we res nd ~ a. sbsnn9
one Of dcmonsi rated safety and purity . = , 81,
delegates OF all parties, with great unanmty advised
that the electors should decide by ballot whether or D"
the judges and lnstee' OF the higher courts should
law OF last Winter provides the OF depositlag
oaOts this question, aud voters have only TO make
sure Of ballots 10 proper form to Dc o aDe If es III
portance, deyOlyng solemn duty upon every eith'n
IL viii not be denied that every community. under
whatever its government Is organized and al min
stered the deepest interest that TIC Judges should
Ice selected by the best methods supported BY the beat
influences and strengthened by the Highest aud widest
epute aud respect that the OF tho people
command. very little attention will show every ono
the methods. the one OF eecung and the other
| d
surround Judges they selected but in the atu
ude OF observance aud respect ned toward them BY ne
people whom they administer Justice
the only question, theD for sensible educated, aud
decision methods different and diverse In
operation and results IL, winch Is tao better
common sense which Is best approved by experience
which Will wear the best In the serious trla' aud amid
the great passions aud interests nursed IN Tue
II this powerful ana populods state Our e1porenco
has left doubt IN our minds " the answer which
lfar dem allla
In our opinion no substantial benefit OF any kind
come experiment Of al elective judiciary, Dut
the contrary it mas produced evils. Tao
ton neither admits OF nor does It req IRE extended
argument from but as we appeal only 70 your caudi
aud intelligent Judgment we ought 70 state briefly sono
for our earnest opinions and our deep Sonso OF
your responsibility at tins time.
WheD IN 1916 this State INST gave its great sanction
judicial elections they nal never been tied ~ any
civilized state OF modern tnes except Tor Few mon hs
by the State Of Mssss pp-a Saie hardy to be cod as
our teacher IN the Federal Constitution. ana IN the
constitutions OF all the original States, the fathers OF
our republican system had incorporated an appointed
judiciary, Of the highest safeguards Of tDe new
plan OK government whlcn they creaied luis Saie'
therefore, IS responsible Tor tins FIRST blow at the r0pab
csn system ana for the judicial abuses which tho new
method judicial elections may have brought upon
those states tue Union which have followed our bad
q The change to an elective system not made be-
the people demanded IT, because the metnod Of
appointment IN this stare or elsewhere bat Developed
any judicial abuses; there such demand and
in tho whole period prior to lsie. not scandal bad
touched the character Of a single New York judge In
connection with his Judicial funcuOns and ~ stated
without challenge oy CliefJ1stce Dly 10 tne CSnyen
aud not Tor any assigned cause Out purely upon POI
| tca theory" And while tho scandals and leeDoDess
Of our elective system have become notorious there
at all times secured In Massachusetts, IA HewJer
sew and other States and upon Federal Bench with
very exceptions, well rs IN England, ~ appoint
ment rreproaohabie judiciary.
8. Wnen the elective system was submitted 70 the
people in 1896 there almost discussion before
Them. that are not concluded by any real juds-
nent Of hose who nave gone before U.s. bu are FREQ 10
| act upon ouc own larger experience.
4. Judicial elections have in our opinion, az rule.
been unfay0rabe TO the selection OF men OK th greatest
ability and attanments for the Bench. and not less
favorable % the prevalence OF courage ana nanny IN
is in It's very nature demOraiAog, ana the temptation
Is dangerously strong to MAKE commitments uniayo,.
Though party contest at the polls ws5re one portion
means nd II as easy to DO Impartial hor 10 laws er and
lind IL easy 10 believe HIM Impariid II be
! the Senate.
ing aud character among lawyers. Lawyers OF inferior
rapacity aspiring to the Bench, have been induced
intrigue for caucus and party influence, and thus the
more honorable conditions OF professional nnlencs
have been dsparaged and neglected. Much m the
ratio IN which inferior lawyers have been able to
the Bench under the elective system. persons small
education aud uncertain character have made their
al the Bar All honest men of every calling have com
mon interest with all that is honorable and worthy
the legal profession, in having only able and upright
lawyers and judges lutrustou with inc adilulstdOn
OF Justice in the STATE.
s. The election OF judges, by giving more offices to
be made subject Of bargainngs AMI intgues
managers Of popular elections, has increased tno
Der aud power of those party mercenaries who live by
the spos OF elections ana the same course has agra
waited the excessive power OF the mere party majority
T. Judges not selected like senator's, ASSEMBLY mes
and city officers 10 represent the property be Opinions,
the interests OF the people of locality, but theY
the selection VI the fttest members OF single
learned profession for the purpose OF interpreting aud
applying the laws OF the state la the same sense aud the
spirit throughout It's borders, irrespective Of all
parties and all local interests, and all popular feelings.
The fact that vote Tor representatives Is reason
why should vote for judges, but quite the contrary.
1t is essential that judge should be selected by
u method which does not arouse personal pre-
JUDGE or popular passion which places him under no
commitment to any locality. interest, political party.
whichisha give ali tho people who may BIZ sultOrs
nj Id
placing him upon the bench and the same grounds Of
confidence In his impartiay. The method by appoint
ment conforms 10 these conditions. but the method OF
local elections Is fatal To all OF them l - unreasonable
to claim that every citizen as capable as the Governor
and the Senators Of judging, or can give the limo
and attention 70 judging what particular lawyers have
the learning and the qualities Of mind and character
which ut them 10 DO Judges.
g. But It is said that the people should retain the sub
stan control OF the Judicial, well OF the Les
lsve Executive Departments Of tieir Government
the people in whose 1t is put forth the JUN
cary Of State should derive ITS authority
ereigny for the exercise OF the authority thus derived
Let this claim be conceded TO the fullest extent, and
observe how the system OF appointment secures "
sovereignty OF the people the desired control Of
ton and OF accountability, much more faithfully and
The first process is TO select from the community tho
lawyers TO be nrusted judges with the interests
life, OF liberty, OF property OF public security, credit.
and honor, which hang upon the administration Of
justice.
State accredited by popular suffrage with the power
tho people this behalf performs this first process, in
spicuous place. before the eyes OF whole
munity under the Keen scrutiny OF the profession toe
law who 20 accept superior and In the presence Of
the calm observation judges upon Bench who
are to welcome an equal, aud then commits approval
or rejection OF his choice 20 the Senators accredited also
by the popular surfaces with the whole power tho
people to accept or reject selection And until CON
curence of these two representations OF the and
VIII of the people the fitness OF the nominee for ths
great station for which he Is proposed this Open pub
responsible deliberate process Of selection must be
Pr how diHerent the III rat process OF pickin0 out