Weekly Trinity journal., 1873-10-11
THE JUDICIAL ELECTION.

county omCeTs. 1arJ OF this can be as
cribed to the usual apathy which has
heretofore prevailed at those elections at
which none but officers of a judicial char
acter are chosen-part to the fact that
many are disposed to altogether ignore
party in the choice of judges, and these
are generally satisfied that both the Re-
publican and Democratic conventions
have selected one of their best jurlsts for
the position, and that with either as a
member of the Supreme Court, the high
status of that body will be maintained.
There are, however, some issues raised
by the appearance Of. third candidate,
put forth by the Independents" which
require consideration. The success Of
the Independents, in different counties,
upon various local issues, en- boldens the
leaders of that faction which was organ
lied solely on the basis of hatred to the
Central Pacific, combined with design
to further the Senatorial aspirations of
Governor Booth, to proceed to perfect an
organization which shall include all the
independent elements in the State. The
convention called by this faction has nom
mated a candidate who is claimed as be-
ing " in full sympathy with the move
ment," which means, we presume, that
he can be relied on to decide certain is
sues which may come, before the Court
for legal hearing, in accordance with
the desires Of the party or faction seeking
to elect him, rather than in accordance
is as good as admitted by the Sacramento
organ Of McKinstry, in the last issue
which has come to hand. This, Of itself,
should be ample reason for urging the
defeat of McKinstry. 1t is the province of
Courts and Judges to interpret the law,
and if the law is unjust, the power hav-
ing authority to alter or repeal it should
then be invoked. The Judge whose only
recommendation is his implied or sus-
pected bias is bad judicial timber. But
in their attempt to unite all the independ-
ent elements we think their success will
not be equal to tbcir expectations. The
total vote cast for Independent candi
dates only figures up about one-fourth of
the vote of the State, and outside of Il few
counties such as Sacramento, San Fran
cisco, San joaquin and Yuba, was not
cast that way by reason Of any sympathy
with the dolly Warden" movement in
the counties we have named. Indeed, in
some Of the strongest Republican coun-
les, the nominees Of the party were
pledged to Booth, while platforms and
candidates out Heroded Herod in their
professions of anti-monopoly yet they
were beaten by Democratic or Independ
ent candidates. 1t is notorious that the
success Of Independents in many local.
ties heretofore strongly Democratic or
Republican, is due solely to the fact that
the minority party joined in with tho In
dependents with view single to the de-
feat of the majority, without in the least
compromising their fealty to party
They acted with the Independents for the
sole reason that it promised an opportun-
ity to defeat the ruling party in their To-
cality where, under their own name and
with their own organization it would have
been simply impossible. Who, for one
moment believes, that the Republicans
of Siskiyou and San Bernardno, or the
Democrats of Humboldt and Santa Cruz
are one whit less Republicans and Demo
Gratis, because they did not wage a hope
less fight within their party, when the
opportunity was offered to strike dsor-
ganizing blow by joining with the disaf-
fected Of the other political faith ?
1t isprobable that the Independent ju-
dical candidate will receive some votes
in counties where there were no nde-
pendent tickets at the general election,
but not enough, in our opinion, to bal
ance the votes which are now counted for
him, but which he will undoubtedly lose
from the causes we have enumerated =
But if our premises are correct, and we
believe they are, the candidate of the new
party will be found long way in the
minority when the votes are connted on
Wednesday next. The local issues which
operated so disastrously for the party or
ganizatlons in the late campaign will be
lost sight Of, or be powerless for effect
when merged in the success or defeat of
candidates and parties in a State election.
1t might be different were any of these
local issues involved in the general result,
but such is not the case. And it would
be different were the party candidates
men who, from their past record, were
not worthy of the confidence of the peo-
pie. But both the Democratic and Re-
publican conventions have been singular
ly fortunate in the selection of men with
whose reputation as jurists and whose
standing as citizens, no word Of object
ion can be raised.
The only political question, then, at is
sue in the judicial campaign, is that of
organization and the importance of hay
ing majority of the Supreme Court in
sympathy with the advanced and liberal
ideas of government which have been
made living reality under the benef-
cent rule of the Republican party. With
a candidate fully the peer of his opponent
in all those qualities necessary to honor a
seat upon the Supreme Beach Of this
great and growing State, it becomes a
duty for all Republicans to vote for the
choice of their party and preserve its or
ganlzation from defeat. We are not of