Weekly Trinity journal., 1873-07-05
JUDICIAL QUE~TIONS IN ELEC.
TIONS.

A paragraph is going the rounds of the
press that Judge Vanclief will he can
dldate for the Supreme Bench, coupled
with the ieinaik that as his opinion is
opposed 10 that held by the majority OF
the Supreme C1uit in the erent tax case
decisions, he viii be a stiong candidate.
We have heretofore commented upon
the decision in question in munner
which Indicated oar Jews as opposed to
the principles laid down in that decision,
but must take occasion 10 protest to that
principle (il such ii can be called which
brings Judicial questions beiOle the people
for settlement ia the election OF JUDGES.
Laws ale made ior the government ol the
State and judges are but the Interpreters
ot the law. Ii the people are to be the
intel prefers then judges and c"ults are
unnecessary appendagos. Ii law is
harsh Or unequal in it, workings, then
elect Il legislature which will repeal the
law, or amend it 50 that it will be Uniform
aud just in its provisions. But jurist
who pledges to himself in advance to con-
stIue II law in obedience to the popular
demand >hows himself To be u demagngue
and unworthy OF high position. In the
present case the decision was based upon
II clause of the constitution. ii is not
cis,med that II is II corrupt decision or
TINT any of the Court were Influenced by
corrupt motives. The iau.t is in the
Constitution AID until that is amended
property will be assessed and taxes col
lected in conlolBlity with the rules laid
down by the State BoAId Of Equalization,
made 10 accord with the decision.
The late judicial election in Illinois
I shows to what an eXt'nt the ats OF dem.
agoguely may be used To further selfish
end For Supreme Judge in one of the
District tsn candid were namcd,
one an able iawyer, who sought'a re-elec-
ton, the other man oi much hess ability
who Iun aS the "falmers' candidate"
The last named was elected, so.e y be-
cause his opponent had rendered IL drci-
sion adverse to the interests OF the ta, m
ers. The law which Judge Lawrence
had construed. Icing found detective,
aud hot fitted to accomplish the desired
| end, had been lcpcaed and new law,
! specially framed 10 meet the eXigencles
the case passed by succeeding Lrglsla-
luIe, but tins uNaled nothing. because
Judge Lawrence had decided former
Iaw accoi ding 10 his oath rs II judge and
hls honest opinion rs Il lawyer, instead OF
Waiptng his views to suit The popuar de-
slle, he was de.eated and The man whuse
only neilt, II such 1t can be called, was
that he Was eAp,essIy or lmphed,y pledg-
cd 10 cUnstiue legal enactments, not III
acco. dance with their PROVISIONS, but to
etIt The Wishes Oi his Constituents c,ccted.
MS ia pecnien u. what the Sac, ,uuIcnlu
ChOIt a"d othei JOuiIIal> ul that i,k, CAL
"LIimph .. The people," Such tn
umph, here the people seek 10 nulli.y
the laws which they have themselve-
mrdr, j. a II to the success Of mob law.
In 1868, the r publican Legislature of
Cal o'nia pissed an act, allowing Ga j.
tornia volunteers ir- service to vote ut
camp for State and county officers, the
vote to be counted at their places OF resi-
dence ut which they were enlisted. I'm
/ der this net the soldiers voted and their
ballots turned the scale in favor of the
/ Union nominees in several closely con
t, sted counties. The con>titulionality of
the law was denied by the Democrats,
and in some instances where the election
was cnnte ted, the cases were carried to
/ the Supreme Court. That body was
composed Of five Republicans whose feel
ing were on the side of the officers elected.
but decided unanimously in favor of the
conte>lant-. The decision was, without Il
doubt, II Just one, yet if the people had
been PEI milted to express an opinion there
is no doubt but it would have been in
favor of the soldiers being allowed to vote.
The Repubican party by afterwards
nominating each of these judges for re-
election, paid n just tibute to the jurists
who had not permitted their political and
patriotic teefngs to bias their judgment
in the cases submitted to them. But if
we are to follow the advice given by some
/ of the papers Of the present, our judges
J will, in future be chosen, not from their
ability aud purity rs jurists, but from
ti:eir Willingness 10 pander to some popu-
lar de,ile. Such coulse will soon bring
an elective Judiciary into deserved con
tempt, and do much to restore the sys-
tenn of appointment, by which judges ale
removed n lar as possible from the in
fuence of those on whom they may be
called to sit on trial.
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