Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-07-23
The Election of judge.

ELSEWHERE IN this paper will b. found
communication containing some ,trictures
upon the article in the FREEMAN Of July 9,
upon L" Standing by Decisions. Tie writer
of this communication has partially missp
pretended the scope of that article, which,
in its main purpose, was intended as pp-
test against the legal maxim that a decisrn
of court, whether right or wrong, is to ,e
the rule of law for all time, unless ovr
riden by some enactment of State or N
tional Legislature. So far as the election 'i
Judge Craig in Illinois could be looked upon
as protest against the notion that cours
are infallible, it was approved. That BIS
opinions were known in advance upon a
question of constitutional law was no reasu
why he should not have been voted for, a,y
more than that Judge Lawrence's opinins
on the same question were known was ra-
son why he should not have been voted Or.
The views of candidates upon questions of
constitutional law and public policy ought
always to be considered by whatever bciy
elect or appoint judges: and when the peo-
pie are the appointing power they have tie
same right and the same duty to considr
the qualifications of candidates and mae
choice between them, as any other appoirt-
ing power has. A selection must be msde
by somebody; and selection involve a
choice; and choice involves a compar son
of qualifications and the views and opin-
ions of candidate upon questions of public
policy and public law are part of his qrali-
| fcations. This is no less true of candidates
for judgeships than of candidates for legisla-
tive or executive Offices the people who are
to choose any of these officials have a right to
know in advance their opinions on questions
of general concern; otherwise they are igno-
rant of the very elements out of which an
intelligent choice can be made.
Impeachment is only one of the ways of
getting rid of Objectionable judges, and can
not be used against judge who honestly
holds an unsound opinion. Yet nothing is
more common than an honest difference
OF opinion among judges. Who shall decide
when judges disagree? Who, indeed, if
the people who elect judges may not? Or
must the people shut their eyes and stop
their ears, and let the courts and lawyers
and corporations have things their own way
and fight battles over their briefs and exCep-
tions and writs of error interminably, wlile
the voters content themselves with footing
the bills, asking no questions and caring
nott ing whether or not justice has come tc
grief in the strife of litigants?
1t sometimes seems as though human ma
ture hunted for something infallible, OF
which it could believe infallible, upon which
to rest its unquestioning faith. Tee Catho-
lie finds it in his church-and sometimes the
Protestant shuts out reason when he enters
the sanctuary. The loyal believer in Non
archy holds that his sovereign rules by d.
vine right, and that the king can do nc
wrong. The Emperor of China is the Son
of Heaven, the Supreme Ruler, the Lord o
throne keeps him secluded from the gaze o.
the common people who are counted IN
worthy to look upon such Celestial wisdom
and glory. And 10 a Republican govern.
ment men who have no reverence for execu
tves or legislatures for the men who make
and execute the laws will approach 4 cour
with something of the awe which inspired
Moses as he approached the burning bush.
1t was Mr.. Choate who once said of Massa-
chusetts Chief Justice, % confess | regard
him as the Indian does his wooden log curl
ously carved: acknowledge he's ugly, bat
| bow before superior intelligence - and
it may be that our desire to venerate some
thing leads us to put the court in the plac,
of the ugly wooden log which the untutorec
savage worships; or, if not that, in the plac,
of king or emperor ruling by divine RICH
and whose DEGREES pos sess infallible au
thority.
Courts are useful not useful any way
but useful as they serve the ends of justice
They are but the agents and officers Of the
people, and invested with er mine which ha
no sacredness of its own, and brings no in.
fallibility to him who wears it. Their de
cisons may be right and they may be wrong
if right they should be respected if wrong
they must be endured until they can be le
gally reversed; but they ought to be en-
dured not moment longer. To him who
thinks Republican government failure IN
less courts can be treated as ruling SO far by
divine right that the people must not change
nor reform them, the action of the people o
Illinois doubtless seems like chaos come
again. But to one who believes that courts
are only human agencies, establist ed by tn,
people and for the people,-that source o
all power in Republican government
whether legislative, cx 'cutive or judicial, -
there seems no occasion for alarm in The
fact that the people of Illinois have, in q
strictly legal and constitutional way, ex-
pressed a preference for one candidate over
another for judge in that State.
| c. W. W.