Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-06-25
.BE EVENING NEWS.
ELECTIVE JUDGES.

ELECTIVE JUDGES.
New York Is to vote next November
on the constitutional amendment OF
1867. The Express hopes the popular
vote will be In favor Of q return to an
appointive judiciary. It thinks expe-
riencc since 1916 has proved the ex-
pertinent Of electing judges a total
failure. Since the result Of the late
Illinois judicial election, many Of the
prominent daily journals are canvass
ing the question and expressing them
selves In a similar spirit. The plain
fact which stares the people of every
State in the face, in view Of the recent
result In Illinois, Is this: A Judge Of
the Supreme Court has been refused
reelection for deciding a law neon
stitutlonal, in which he was supported
by every member of the Supreme
Bench Of that State, and a man has
been elected in his place who pledged
himself before the nominating conven-
ton to decide any question which may
arise under the constitution and laws
of Illinois, against the railroads and
In favor Of the farmers. This Is q
broad statement Of the facts In the
Illinois contest but 1t will be
found to DO a true summary of the
facts and feeling among the support
ers Of Craig, and the auimus Of the
organization which defeated Judge
Lawrence. The principle, II carried
out, will sacrifice every safeguard sup
posed to hedge in courts Of justice and
destroy all security guaranteed by
State constitutions. As well might
the attack be made on any other char
tered or Legislative right as upon rail-
road corporations. As we'll might the
Illinois farmers have elected a judge
pledged to decide that all payments
made upon mortgages should ap-
ply at once to the payment of
the principal, regardless Of laws
which require the interest to be
frs. cancelled before payment is ap-
piled to the main indebtedness. II
Constitutions are worth anything, they
are worth everything in a Republican
Government. They are adopted by
the people in written language BY GER
tain forms prescribed by the people,
and amendments thereto are provided
for in the Instrument itself. The very
idea Of a written Constitution Is stabil-
ity and p~ermanence, safety and pro-
lection, something which guarantees
security and safety for life, liberty and
property, and its highest office Is to
give equal protection to a minority,
who otherwise would be at the mercy
Of the majority Of electors. For the
Interpretation aud settlement Of vexed
questions arising under such tunda-
mental law, the wisest and most i'm
partial men arc required; men who
have made it the business Of their
lives to familiarize themselves with the
theory and practice Of Constitutional
Government, and who are actuated
only by the purest motives, and im-
bued with the highest idea Of free In
situations. 10 Courts in all countries
where Constitutional Government OBJ
tains, have the people eve looked for
the highest wisdom and the most ex-
allied integrity. 10 Courts have SUBJ
jects Of Constitutional Governments
always looked for stability and the III
biased rules of justice. But the far
mers Of Illinois have taken out of the
Court and placed in the control OF cau-
cuses and conventions the rights Of the
minority have declared by their votes
that the Constitution is subordinate to
the will of a mass meeting. and have
resolved that hencetorth their judges
shall decide as the majorities wish, not
as justice ordains. This Is the attitude
In which they have unfortunately
placed themselves, and in a large ma
jority Of cases, doubtless unwittingly.
The result must be disastrous. Capital
will not be invested where Constitu-
tional protection is Of no avail, and
where 4 Convention of Electors as
sumes the functions Of a Court Of JUS
tics nay, v more, prejudges cases
not yet presented. 1t is the best in
terests Of the farmers themselves that
this principle cndangers, and it will
not be- long before they realize the
fact.