New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-24
LETTERS FROM THE PEOPLE.
AN ELECTIVE JUDICIARY DEFENDED.

AN ELECTIVE JUDICIARY DEFENDED
REASONS THAT INFLUENCED THE PROVISIONS or
THE CONSTITUTION OF '46-wORKNGs or THE
ELECTIVE SYSTEM SINCE 1T77.
70 the EdttOr OF The TrtbUne.
SIR: The grave problem in the science OF
government that people called upon to deeioe "
few days should have elected more interest ana W.
QUESTION than the proceedings Of their politicai e"
ings and the columns Of the public press have 'nu' '
Indicated It may well TO look back 10 'no ~. ..
that induced the trainers Of the Constitution OF 80
extend the elective principle even further 'sa
predecessors Of 1921 had done. The qaosV'"' -,
not extensively debated In the a.,
was the impediiuent that obstruc'ou -
any other its action upon the cou'c"I' - a., an
~ the Judiciary system. tis true 40 = Sao r,t
leoisat,ve bodies that the bar were at N"'anoo' @
h., -, tho diversity of their proposals. IL diher-
an, modes ~ adjustment having emanated from Tue '
,osr Co,on,itee formed OF the leaubg minus Vi ''S
di,i,orisbed assrmbage yet, when the extension oI
,h ,e,ve rnciple had been accepted the residue OF
,be work was rapidly accomplished Although not OF
,he profeson" vet as was the In the last Con-
vept,op my aid with that OF others was invoked to hep
e1trcate the barr from the complications with which
,her persistent obstnacy OF opinion had fettered tne
whole subject of legal reform. Under this 800
Tho proposition to cStab sh Courts OF Conso
ation" that upon the point that appeared 10 arrest 1
progress Of the Convention. my mind bad readly
an affirmative conclusion from the fact that from 597
we had elected majority OF the members OF our highest
Court that OF Errors, whose ability had won Tor ltSeh
a wOri l-vide distinction. &C least wherever our IAN
guago was written or spOkon that since 1871 we mao
elected the lsces OF the Peace the large bony tndt
formed the lower strata OF our judiciary Wild the cor
dil acceptance OF people. the question, tnereiOre
about which there so much imagining ahd
hesitation, was the application OF the saue
principc 70. tie selection OF the intermediate
GLASS OF judicial officers. County and supreme Court
Juices Those views prevailed and those that favored
then had the satisfaction in after years to hear
admitted The improvement as rule. excepting always
come occurrence that had attended upon the change
Those familiar with matters OF public interest m our
state 90 years since will readily recall TO their minds the
decision OF Court Of Appeals, where In the case OF
The institution OF Boards OF State Commissioners IN one
instance and that OF the nine million canal loan 10 the
other tue majority OF the Court above all party IN
fucuoos in a manner that, admitted would have
been hardly expected OF the muchauded former Court
OF Errors, which they had supplanted. Ihese con
alterations induced the Convention OF 1861 10 give
no further sanction 20 proposition, never dNtiucuy
made or even discussed except briefly and by solitary
member Gee page ls67 OF the deDates) than TO pre-,
cent the measure for the declsiOn OF tho popular VIII
after interval Of five from the period OF It's SEES
siOn. To adopt the proposed Apprentice" system
would be a large stride toward the evil Of centrlM-
ton witch the founder OF TIE TRIBUNE for NE time
opposed and counter TO the wajohward OF our Day
Home. not distant rule" n MkLCHANl
AC0 ORR, Oct 10, 1873.