New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-31
JUDICIARY REF0RM.

LETTER FROM THE HON. GEORGE +. CoMsrOCB.
Judge Comstock of Syracuse, a Democrat,
aud lawyer Of high standing in the profession, wrote
letter in reply to invitation TO speak at the Tammany
meeting In this city Wednesday night He expresses
his regret that the Tammany Organization has taken
ground against the opposed judiciary amendment and
continues ~ follows:
Han, then under an unpnneipcd leadership which /
trust has been eiiectually overtrown, exhibited like
opposition the changes and reforms in the judicial
system of the State, which were submitted To tue peo
G p oq u rh M" moSe of That
sOn openly ayowed TO be the perpetnatlon OF the
tnen judicial arrangements in the City OF NewYork, as
means aud instrumenJaities Of local asoendeney and
power The people, however. carried those REFORMS. 10
me- questions OF this nature do not present themselves
In a partisan light. but there many VINO WOW them
IN that light only aud to such may not be lnappropr
ate saw that by overriding the wishes aud policy OF
Tammany Hall secured au able aud upright Court OF
Appeals in which the Democratic Judges are I'VE out OF
seven, for almost a generation 10 come .
Political caucuses and conventions arc the worst OF
all places for the making OF Judges. No doubt they are
modes in which popular sovereignty ~ exercised Dut no
point principle OF popular s9vereignty - involved IN
represent the wishes or the interests VI any Class o
men Of any political party His function u To inter
pret written constitutions and statutes, and administer
the law as IL has come down to us from the Wis
dom OF the past. Popular sovereignty se IL eae ohy
maintain by their decisions those constitutional hhila
tons Of power which protect tho people from oppIes
sion by other departments OF government.
But passing 10 the higher arguments which might be
used favor OF the proposed change IN the mode o.
Dr.nging judges into Onco, tneTe ~ Obc WncH thlnh
may very justly exercise an extensive influence upon
the ppuar VOTE aud especially vote OF Democratic
electors in the greater portion OF the state Tue priv
ege OF invariably choosing Democratic Judges III ana
around the City Of NewYOrI is OF no extraordinary
value consequence to people ia the country VINO nave
not seen Democrat the bench for almost genera
ton and under the present elective system may NOT sec
one for another. This condition OF Things may not
be- unWeceine where overwhelming local majority is
alwaya assured Tammany Hall may always elect judges
in It's locality Of ts political aitn But an adverse
majority Is spread over greater portion OF Tue ctae,
thiny spread IL IL true, in many places put suceht 10
0lHfI
wes and north OF the ude waters Ihus I'D nYe OF tue
eight judicial districts IL has become Impossible LOT
Democratic LAWYER however pure abe, ana edfheu, 10
obtain seat ON the bench OF the Supreme Court Tue
same to the County Courts III al least iory
counties OF the State. . o.. -, ~. u,
Tbis poco geographical division OF the State judi
cary " itself most serious evil, because u gives
purely party II not partisan, bench In each dNisOu
such bench will rarely deserve, ana never cOmuahl
worse consequences, the range OF selection Is Limited
and inferlOry Is the RESULT where the highest au Oes
qualifications are required lac remedy nes III the res
toratOn OF the rule appointment Judges ny the Gov
ernor Senate. This Ia the tme-hOnOfcd RUE Wlcn
for long period produced Judiciary distinguished
alike for ats purity aud It's learning Ihls too Is Deo
cratic and this Republican, for when the people delegate
10 their trusted agents power so decate as wen
as important they exercise 1t themselves In the very
best and wsest manner. return 10 the RUE Oh hp-
poutment, repeat. will afford the remedy because IN
the oscillations OF political power in this STATE, nellher
Of two great parties Will have possession OF tue ap-
nothing power for any long continuous period.
1t appears to therefore, That all appeal may DC
saey taken from local party interest 10 the broader
and iuster sentiment OF the whole state. Maotes ana
mlnOres alike concerned IN having an able, pure
ana judiciary III this Is result not aDsO-
lutey attainable, approach 10 IL will be
reached thrOugh the alterations OF political power IN the
state Government. No approach TO IL can be made
until lift the subject out VI the ire Oh the caucus
NV GEO. F. CoMsTocK.