New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-24
HHO MAKES OUR JUDGESf

To whom do our judges, under the present
elective method, owe their offices To whom
would pettifOgging attorney who aspired to
the Bench-if such thing were suppOsable
under what the politicians tell us is a most
admirable system-gO to secure the office 7
Any man familiar with politics and political
machinery in his own judicial district can
count on his fingers the men who do this bus
mess fill the caucuses, pack the conventions,
nominate the candidate, and virtually name
the Judge. Do we have election of judges by
the people in anything but the name9 The
caucus makes the judge, and half dozen
politicians more or less make the caucus.
And you can hardly help its being so. The
question then is simply whether these poll
tiCians are more competent to the task OF
choosing our judicial officers than the Execu-
tive, with the check upon the latter of a con-
frmatOry power in popularity elected Senate.
1t is not necessary to dwell upon the char
acter or lack of character of the men who
make business of politics, and in the pursuit
of their profession make the party nomina-
tons on both or all Sides The peculiarities
of our caucus system are sufficiently well
known to every intelligent observer, and this
is one of its most obnoxious and mOnstrOus
features. 1t is easy enough to say the
fault is with the respectable citizens
who allow knaves TO manage politics, and
that the remedy is always in the hands of the
former whenever they see fit to use it. But
we have to deal with existing facts, and
when we are told it indicates distrust of the
people to take away from them the election of
Judges and give it to the Executive, the an
swer is in the simple, undeniable fact that
the people do not elect the judges under the
elective system. They are permitted choice
between two candidates presented them by
rival gangs of political managers and adven-
turers; that's all.
To this of course the readiest answer is
and it is seriously urged-that the same men
nominate the Governor who, under the pro-
posed amendment, is TO appoint the judges;
and they select the Senators who are to have
the fpower of confirmation. Why then, it is
asked, are they not as competent to name
the Judges as to name the Governor who shall
appoint the judges7 If the judicial Office
should not be elective because bad men run
the caucus and make the nomina-
TONS then the election of Governor
and all other officers should by the same rea-
soning be taken out of the hands of the people,
and there s an end of popular government.
A moments thought and a grain of common
sense, however, will disclose the fallacy of the
argument. The Governor, and most, if not
ALL of the other elective officers are selected
by political parties because they are supposed
to represent certain ideas and principles which
are to be carried out in the administration
of State affairs. Upon these ideas
voters very properly take sides and
form parties. The candidates for these
Offices are expected, if elected, to carry the
principles and theories of the party electing
them into practice, the Legislature to enact
laws, the Governor to approve them, and the
State officers to administer the government in
accordance with them. But no question of
politics can properly enter into the choice of
judicial officers. The judge is the interpreter
of the law as it stands, and under his oath
must interpret it with absolute impartiality
and without craftsmanship. He should not be
in any sense the creature of party, should owe
it no obligations, expect from it no favors.
There is no single function of the judge in
which he can honestly or decently disclose
partisan bias, no official duty he is called on
10 discharge in which he can properly allow
his party relation to enter for consideration.
Why then nominate judges in party eau
cuses and elect them on party tickets Is
there any sense in it; any good reason for it;
any advantage except 10 the bad lot of poll
ticiaps who need judges to override the law
and pervert justice in their behalf : There is
not one substantial reason for electing judges