New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-16
THe Judiciary NOMINATTONS.

character of Democratic Ofncc-seeheTS, we
cannot help thinking that the action OF the
Convention was a strong argument against the
continuance of the elective Judiciary. Judge
Fancher. who has distinguished himself during
his short term of Office as an able and upright
magistrate WAS rejected, almost contemptu-
ouslv. for no reason whatever except that no
il not a politician, and Mr.. Abraham Il. Law
renee was nominated for the Supreme bench,
upon grounds which, perhaps, 1t would be
diffcult TO analyze. We have no fault
whatever TO find with Mr.. Lawrence person
alIy. He is a good lawyer and an estimable
gentleman, and when he was a candidate for
Mayor last year we did all that we could 10
obtain his election. But the qualities when
fit man to be Mayor do not OF necessity III
him to be Judge. On the contrary, the pre-
sumption is that a citizen. however worthy,
who has mingled in the turmoil and intrigue
of partisan politics, who is power III the
nominating conventions, who Is recognized by
the whole community as :" strict RepuDllcah'
or a Thorough Democrat" whose name Is
identified with certain political doctrines or
partisan interests, has not kept that calm, DIS
nassionate temper of mind which, above all
things else, is required in the dispensation OF
iustice. II may be that if Mr.. Lawrence
should be elected he would lay aside all the
preiudices and predictions of his former life,
and hold the scales with the trmnesS OF
Rhadamanthus; that he would judge honestly
we have no manner of doubt. But II, III spite
of his previous career he should become per
fectly impartial and bipartisan magistrate, IL
would be contrary to our experience hereto
fore. Questions involving party principles are
frequently brought before our higher State
courts. and it is notorious that in such cases,
under the present system OF an elective Judl-
ciary, counsel and suitOrs commonly take INTO
consideration the politics of the tribunal. IL Is
a disgrace to the American bench that
this should be true but we have grown
callous and no longer heed 1T. Never was
"my sense of Judicial proprety SO much
shocked" says Mr.. Eaton in the excellent
namDblet from which we have already quoted,
"my sense of public danger so vivid, as
" when, after arguing question having re-
"lations to party policy before judge III the
"morning, heard the same Judge referring to
"tbat question in a speech before party
caucus the next evening" We say nothing
of the temptation constantly presented to
every elected Judge to favor the party that
elected him, because we have too great re-
spect for Mr.. Lawrences private character to
believe that he would knowingly yield to 1t
but we do say that the system which inyarla-
bly puts such temptation i'll the way must
be wrong one.
The effect of such a system is perhaps more
penicious to the public than it is to the
I'D,
the bench" says Mr.. Eaton, q" no more as
the representative of the dignity of the
" State and of the majesty of the entire peo-
ple, but as the DOminee of party conven-
ton and the favorite of the party majority
in district In the mind of the'peOple the
Judge far less than formerly represents that
pure. passionless, universal, and unchanging
shirt of Justice which, made wise by all
the accumulated experiences of ages. and
being strong in the. support OF the better
elements of human nature, knows no
"party, no district, no selfish interest, no
cunning expedents, no fear of consequences"
And the people consequently have lost conf
dence in the courts and lost respect for the
law. They know perfectly well that judges,
under the elective system, are never chosen
for their qualifications. This is a sweeping
statement, but it is true. Mr.. Lawrence and
Mr.. Donohue are nominated not because they
are the fittest men TO be found for Justices of
the Supreme Court, but because they are
accountable to little knot of ward politicians
who manage the Tammany caucus. If they are
elected, it will not be because the voters
believe them to be honest and able, OF want
them for judges, but because their political
party happens to be the stronger. 1t is
fortunate for us that in this particular
instance the nominees are personally good
men, apart from the inevitable objection of
their activity as politicians but this is an
accident, which does not apologize for the
radical faults of the system.
1t was perfectly natural that after making
these nominations Tammany should unani-
mOusly resolve that the proposal to take away
from it the power of making any more was
an attack upon the liberties of the people.
We cannot expect the politicians who get
their living by the barter and sale Of nOmi-
nations to look upon any curtailment of the
spoils with approval, or to consent to any
effort to lift the judiciary out of the mire that
has befouled it. But we believe the people
are rapidly coming to the conclusion that the
change of 1916 from an appointed to an elected
judiciary was costly mistake which cannot
too soon be rectifed, and caucuses NAV mass
resolutions from now until after the election
without changing the popular opinion.
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WAS 1T SENSELESSf
1t is common to speak of the late financial
i A