New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30
THE ELECTIVE JUDICIARY.
PROFESSIONAL OPINIONS.
iFws or PROMINENT LAWYERS UPON THE PRO

,,o ~ IN b submitted TO a popular vote at the coming
olootou expressions Of opinion have been obtained from
several of de leading members OF the Bar aud are gwen
below
cD,res O'Conor EXPRESSED himself against the cleo
lion Of Judges and gave the reporter the following
statement: l had the honor represent the City OF
New York In the Convention OF lS4G. then though uc
election OF the Judges bad thing voted against the
measure. and against the adoption Of the Consu'uuo
manly because it contained that provision MY CON
siitneuts Of the City OF NewYOrk rejected IL ~ SUI
thing like 10000 majority but the subject was very %
discussed aud any opposition that there may nave "0o
wholly failed ia the Interior thirS It propa"io % :"
many counties not single vote was cast Sh"iNS '"'
Constitution. That provision was the e@uu ''' III
vovod IN The instrument. All experience has shown
according 20 my Judgment that u was PeIul0ouS
measure. 10 is utterly auttDcmocf@ue' nearly INC
whole body of the ant Democrats IN the Convention
voted for H. No remarks were made In oppOslloh'
except by prominent one gentleman VINO merely holu
nj az an example OF the working OF the system
-boVielnIfo sra0bng gambling slavehoding Missis-
siuui" ! have not the most distant IDEA that tue
,r,,oaed amendment VIII be carried, There
never was anything discreditabc or dsgraceful IN
thc action OF the appointed judiciary There never was
even complaint. anything OF the sort Now LAWYER
eau get from Che elective Judges anything that
he wants. II cannot get il from one he can from
another They must necessarily he very inferior men,
They VIII not bc selected 10y who Will take the
IroubIc ~ see if they capable hut by their own
friends / am Democrat, but would infinitely prefer
that toe Judges II they all now 20 be selected,
should Ue nominated by Gov. Dix, 10 having them
elected by the Democratic organization alone. Iae
character Of the judiciary has down. a. whole.
the time election by the people was Introduced
and II will continue TO 20 down. However, do not
thnk with all IT. faults hall bad 1t can be
made.
William N Eyars was asked for a statement of his
opinion upon the matter, but his report 10 TIE Bar
tn ffNIN
expressed hs views ho aid not care TO reterdte Them
lie merely said he strongly against the elective
system.
81 NJ Barlow. who favored the elective Judiciary,
expressed himself follows: SO far ns can judge
tom considerable intercourse with members OF the bar,
both and in others where the same system
ras been adopted better opinion is that in Of
them have we had such good judges. whole, wo
had under the Old system, where the judges were APP
pointed. But far this state is concerned, this
theory does apply at all 10 the highest Courts.
the Court Of Appeals the Commission a
Appeals, both OF these Courts probably as
ably filed they ever have been in the
history Of the In the country districts OF this
State tell that the bench is quite respect
able point Of ability and character it
der the Old l think there IL less inclination
throughout most Of the country DISTRICTS TO treat the
nomination aud election Of judges upon strictly party
basis than there is here where the majorities
large way the other. that personal fitness aud
character does not always control at the polls nOmina-
tion being equivalent most cases, 10 election. The
general sentiment the city OF New York, on the part
81 the bar and Of intelligent of all prOfes-
sions so far judge, is against the elective
judiciary in the City of New-York. II this question
could be separated as give elective judiciary
throughout Of the country districts and APP
pointed Judiciary in the larger cities, think would
the OF men of all classes who have carefully
considered the question But 1 suppose that to be i'm
feltottI Ia rItlfe u-1II haeg IN the
appointing system although the nomination OF Federal
Judges for the Southern States and at the Northern
States have recently shown, in opinion, that the
elective system. Federal courts. would have
given good judges have been appointed by the
powers IN Washington.
Judge VIM Fullerton said he was strongly favor of
the change from the elective 10 the appointing system.
The eecuye system pernicious in the extreme. 1t
toO often destroys the independence OF the Judge and
that is the thing which he should never yield. The
English judge is appointed for life, and per
form ms duty without any personal sacri-
nccs. Under the elective system, lawyers who
cannot make living by their practice will seek election
GO the bench. Many lawyers VIII ADOPT any means TO
gain the and Of the people money used for
purpose for which ought employ cent,
result Is that Judge ofteDtoes feels himself
Of CATION the politicians
auental in ehecting his election. The election
Of judges in this state originated in
shing akin 10 demagogueism. There a race
Between parties the Convention in 1896 In urging the
change from the appointing system. each seeking to
Esin favor with the people. Since then the politicians
have afraid suggest a the old system
they should the dsfavOr the people. Judge
Fullerton further said that he would lief have his
clergyman elected by the people of the Sixth Ward
ais judge. He had idea. however. that there would
sc any change since when the people have once cxer
rIsed a power IL seems 10 them like giving up their
rights 10 yield mat power 10 nuy other authority
John McKeou gave his opinion as follows: When a
systen 70 introduced are be- changed
ought 10 he governed by the light Of experience The
Of eeeung judges in this State, with excep
lions, has put the Bench Of integrity and ability.
A. rule both parties have endeavored to put forward
their most competent men, The present Court
Of Appeal. r. a striking instance Of the care
and discretion exercised by the people in
iectIug officers for the highest tribunal. In the
interior " the state. IN the present canvass both pot
The opponents OF the point to the City Of
Ncw-York as showing the Improperly OF an election;
Out even mere gooq men nave generally Deeh elected
riuce 1886 Mr.. McKeOn related conversation this
tuJeet between the late Frcsdeht van BuIeh ana nm
heli, ~ which MI. Van buren, STATED that he
decidedly in favor OF the election Of
had shown thar better Judges had selected
the elective system than under the old system IN
before 1876 AT the time Of this conservation Mr.. Van
boIen had run ms career as pubic man. ana had no
reason toRpayiug the demaeogue. As general rule,
state Would he eoSpeled, by party consd
eTatons, 70 select the men whom tho leaders
ges and would not select men for their merits The two
eem are brought face 70 face at the present time in
the appointments BY President OF the United States
and the elections by the people. OF the judges
OF the coerts Of the United States have been charged
with official improperly and OF such a char
soer that not one Of them could be nominated elected
~ the constituency OF TINS state Another reason against
tween the Executive legislative judicial depart
PsoPIe we really oeevo a e0I p6Sua Of s Se
eminent there & g owe nsne5 resting on
reason why the people should SURRENDER the power OF