New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-20
IN ELECTIVE JUDICIaRP.

70 fhs RdiIOr OF The Trtbune.
SIR In common with many of your subscrl-
bers am sorry THE TRIBUNE favor an appointiye
judiciary 1t is easy to say that our present system
does not give perfect judges. Men are as much hu
man on as of the bench. matter how placed there,
and we are not to perfection IN officials under any
system But il does seem to that excepting unfor-
tunate New-York City the elective judges Of this State
since 1916 compare favoraby with those OF any other or
with the United States judiciary. and could not have
been bettered by system Of appointment. In West
ern NewYork we had for years succession Of tho
abest and best judicial talent TO be found anywhere
Judges are qnite frequently elected without political
contest and with the support Of both parties. Even IN
the metropolis doubt very much whether your judges
are any worse than You would have mad by appointment
from Albany The worst corruption OF your city politics
that OF Tammany two three years ago. was inaugu
rated when the Legislature took away tho powers aud
RESPONSIBILITIES Of your elected city officials and vested
them in commissions appointed by the Governor and
senate That was the system under which tho Ring
An appointed Judiciary wrong in principle well
a. had I'm practice Ii is another OF steps toward
centraz aton against which we need TO guard IL takes
power from the people by giving 10 the peoples ser
onts. and in Government more than anything else,
If we want TO be certain Of having anything well done
the only way TO do IT ourselves. There IS no am
cItv i'm rovidiug for popular election OF the Judiciary
and the claim that the people cannot De trusted with
tlls duty great athlessDesd IN our 0emOcralc
institutions and form OF government.
In time like this, when Executive power IL proving
itself dangerous popular rights, the people cannot
afford to Independence OF the judiciary by
making Judges the OF the Executive The IN
famous conduct OF "A Louisiana judge, appointed by
President Grant, shows what the people may expect
when they lose their power 10 hold corrupt or Op-
pressive Judiciary in check.
Much is said about " an independent judiciary, ny
which is generally meant an irresponsible judiciary
Judges should be Independent but IL Is none the less the
right and duty Of the people TO hold them 10 sl1ct
accountability. This only be done by short terms
and popular elections The danger Judicial indcpend-
ence never comes from the people, but always from
capitalists corporations, aud nonOposts IoTeOuke he
people electing Judges who will maintain popular
rights against graspng monopoly Is as prepOsterOus
msapprehensOn the real danger As the reply OF one
OF Gen Shermans soldiers who found eating mutton
on the celebrated march 10 the sea lie sald that ne
| wasn't going 10 stand still and have any reOels
sheep bite INN. II earnestly guarding against
real dangers shall find much better success III protest
ing against executive taupering with the judiciary
! Only three years ago President Grant appointed as
Judges the supreme Court two lawyers whose chiet
quaca for te position that they were counsel
for great railway corporations in involving large
one Of their inst acts after appoint
decision OF the supreme Court, ny
which judges they established the position OF their
late clients This close connection OF great railway cor
porauons with the judiciary. debating through the
President the composition OF the Supreme Court seems
| really dangerous 80
guard against such possible interference with our
State judiciary people need TO De alert now.
Let retain control OF tins important department. of
the Government by voting against the proposed change
In State Constitution making our judges appointed
| by the Executive. ". J. Y.
| Rochester, ". T., Oct. II, 1878.