New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-28

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respectable party opposed to the elective
judiciary principle in the Empire State fol
a long time, and many efforts have here
tofore been made to bring the question
! before the people, but without success
until last winter. Possibly the impeach.
ment of Judges Barnard and Cardoza,
and the serious charges which had been
preferred against Judge McCunn, which
his death alone prevented being in
yestigated, may have aided the friends
| Of an appointive Judiciary in finally
carrying their point. SO far as to
obtain legislative order TO submit the
question TO the people. We notice that
! there is, or al 1eas: appears to be. pretty
equal division Of opinion on the subject.
Men argue from different standpoints. A
correspondent of the World urges the pro-
posed change. aud points to the system
! IN Massachusetts and in the United States
Courts. both of which are highly COM
! mended. The World, however. takes the
other side. and maintains that executive
appointments of judges are as likely under
improper influences as elections by the
people. Each side cites its examples and
authorities upon which i. relies. and this
is about the shape in which it will come
before the people. where i: will be decided
according to the taste OF the majority. OF
chance rs likely as any way.
This is question that interests US. as
well as our friends in New York. We
accredit the elective. OF partially elective
judiciary system Of Louisiana 70 the
example of New York, Pennsylvania and
others Of the older States. though we
limited the principle 70 district and in
ferior :courts. At the same time, i. was
remarked in our convention that there
were indications, especially in New York,
that a change to the appointive system
would be received with grea. satisfaction
by a majority Of the people. and predic.
lions were made that such change
would be effected in time. Blu. othe:
influences were brought TO bear OF sufi.
cient potency to fasten the present system
upon the State, and it has ever since been
q disputed poin: with Us whether the
action Of The convention was wise or
unwise. The Republicans have generally
had reason 70 be dissatisfied with it,
especially in the parish Of Orleans,
where there have been cases OF
want Of harmony between the judi
cial and the other departments of the gov.
eminent, and frequently conflicting opin-
ions and orders in the district courts,
especially IN cases where political ques-
tions were involved To such a growth
had this evil obtained, that the Legisla-
ture has, on two notable occasions been
Se CURED 90 establish an additional and
superior tribunal, and provide for the
temporary appointment Of Che judge by
the Governor, thus departing from the !
principle laid down in the constitution. |
That the General assembly has been en-.
abled 10 perform this fea. twice with sue.
cess, is due rathe. 20 tae ingenuity tina: |
helps men out of .igh: places than 20 Q
wise provision O: the constitution makers; |
for the majority Of the convention voted !
positively agains: the appo:ntiye system |
for inferior judges.
Our observation. toe, leads us 20 favor
the selection Of judges by the executive,
not only from the results in other States,
but in our own; and while it is not free !
rom objections, or account of abuse, we
believe that the concentration of response
oility Tor bad appointment. by which
he executive would be called 20 account, !
renders it safe, in the long run than the
pres ent practice Of disseminatingit among
he ward clubs. the nominating conven-
ions, and the voters q: the polls, who
Usually do nothing more than 70 ratify /.
he work that has been Gu: ont for them: