Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-10-11
An APpoINTIvR JUDICIARY.

ALE. DOTEN, Editor and Proprietor.
AN A~PPoTNrIvE JUDICIARY.
We have several times expressed the
opinion that the system Of electing
judges Of our higher courts Is a failure.
We are even prepared to 60 so far as
to assert that no officer. whose province
It is to construs the law and decide
contests between u citizens, should
be forced to come before the people
for his office. The vice Of the whole
system Is that an impartial, honest
Judge will hardly ever be retaiued in
Office, and he whose decisions meet tho
favor Of the majority Of litlgants Is
messurably secure Of success, regard
less of the legality or justice Of the
decisions rendered. In this there Is
great temptation to dishonesty, or to
put 1t mild. bias, on the part Of an
elective judge. We have seen In many
States, perhaps rel In Nevada, temp
tatlons to decide great questions In
favor Of special interests, which were
we'll nigh Irresistible, and while we
have on the whole large faith in the
honesty of the judges Of Nevada, both
Of the District and Supreme Courts,
the fact that the decision Of an impor-
tant case may initiate strongly either
for or against the reelection OF a judi.
cial officer, Is to mind a great II
not sufficient objection to the elective
system. Last sumner, in Illinois, a
jurist, confessedly able, just and OF
unblemished reputation, was beaten
for reelection simply because he de-
clared a law unconstitutional. The
act In question was so clearly illegal,
that It was repealed, and an amended
&C: passed at the next session of the
Legislature after the decision was rem
dered. Hardly a lawyer In the coun
try doubts the correctness Of Judge
Lawrence's opinion, but It was made
tho subject Of objection to him. and his
place Is now filed BY a man whom no
n claims to be his equal In ability,
or his superior in honesty.
There Is already a feeling In many
of those States which have tried the
elective system that 1t Is a failure
practically. though Its principle as that
OF a pure democracy may be commend
able enough. In Michigan the Consti-
tutional Commission has decided upon
recommending a return to the ap-
pointive system, and In New York
the subject Is being strongly urged By
the most prominent journals. The
evils Of this method OF procuring
judges are seen every day. As we
write this article a dispatch from San
Francisco says that the contest for
Police Judge in that city is very ex-
citing ; that 1t Is reported that Drake,
one of.the candidates, Is to be aided by
n Joint fund raised by subscriptions Of
the gambling fraternity, while Louder
back will DO assisted by the Crescents,
a powerful local organization. In the
event Of the success Of Drake the
gamblers must expect to receive some
favor, else why do they support him
or on the other hand, they must have
strong objections to Louderback, else
why this fund to defeat him. A bare
statement like this Is sufficient to show
the evil Of the whole system. So In
California we see nov three NOM
inees, for the office Of Supreme Judge,
each partisan, and we find In the
journals Of that State sufficient charges,
and inuendoes against these three
nominees to cause distruIt in the pop
ular mind II either were to be success
full. It Is not wise to drag the ermine
down, into filthy, personal and I'M
scrupulous political contests.
From exposures Of corruption In
our State and National Legislative,
and sometimes Executive Depart
ments, public trust in public honor
has lately suffered rude blows. II 1t
IL possible. let US keep the courts out
Of the pool. We believe it to be q
fact that the decisions Of our United
States Circuit and Supreme Courts
have much more weight among the
people from their knowledge that the
incumbents OF those Offices are ap-
pointive, and as such In nine cases out
of ten, above partisan bias or local In
fiuences. They are responsible to no
n but God and their conscience.
They need curry no favor. need fear
no hatred as resulting from their de-
cisions. Their tenure Of office Is &C.
cure while they act honorably and de-
eide justly. So we think should our
State Courts be formed. England has
ever had this system, and the decisions
Of her jurists arc marvels Of learning,
research and lmpartiality. We would
DO glad to see at tho next session OF
our State Legislature an amendment
to our constitution adopted. looking
to a change In the choice Of u State
judiciary from the present to the ap-
pointlve system.