Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-06-19
ILLINOIS JUDICIARY ELECTION.

- S'"iSs "hN sh0 aSaSos ~ ooASS
We are sorry for this re-
ult. Craig was ostensibly an anti
abroad man. and as such obtained a
domination at the Farmers Conven-
ion. 1t Is broadly proclaimed, how
'ver, since the election that he has
,een and Is now In the employ Of the
abroad interest In Illinois and that
he convention which nominated him
vas packed for that purpose by rail-
,oad men,. Be this as it may, the
principle followed BY the farmers In
his instance Is bad, the precedent 1t
establishes simply outrageous and sub
Of an honest and impartial ju-
lic.ary. Judge Lawrence incurred
The %displeasure of the Illinois farmers
last year by an important decision In
favor Of the Chicago and Alton Rail-
road In a contest between that company
and the farmers. in which he decided
portions of the Railroad Law passed
In lS7l-2 to be unconstitutional. The
Supreme Court were unanimous in
this decision, and Chief Justice Law
renee pronounced the opinion prlnci-
pally to remedy the defects-which
are no,oriouS-of the law as 1t then
stood and as a guide to the Legislature
In future railroad legislation. The
main point was that the law inflicted
penalties upon the companies without
them opportunity for defense, a
principle clearly outside all axioms of
1t Is universally admitted that
the decision of the Illinois Supreme
Court was just and correct, and the
late Legislature, recognizing this fact,
amended the law to meet, as far as pos
sible, the objections Of the Supreme
Court as to Its constitutionality. This
should have been enough. Knowing
the popular feeling in Illinois it would
seem that q man who would bravely
face prejudice-not without foundation
doubtless,-and dare to do right by
condemning an unconstitutional enact
ment, even though such action would
render him unpopular, would be just
such material as the people require
a fearless and impartial arbiter. Judge
Lawrence as Chief Justice, for declar-
ing a unanimous opinion OF the STU
preme Court, is to be punished by
losing his seat, and through him all the
other Judges on the Bench are to be
reprimanded and intimidated for doing
their sworn duty. Their offenss was
that they did not declare an
unjust law valid, regardless Of justice
or precedent.
We sympathIze with the producers
OF the country in their efforts to pro-
tect themselves against gigantic and
oppressive monopolies, but this result
In Illinois we cannot but regard as Pc
culiarly unfortunate. 1t is an attempt
to take away from the courts the de-
cision of n Of the gravess and most
perplexing questions Of the day, and
1t to tho sense Of a mass meet
ing. Hereafter. Judges In Illinois
must decide, not what the law is. but
what the desires of the majority Of the
are ; not impartially between
the railroads and the people, but par
as they have pledged them
in caucus or mass convention.
In fighting the railroads the farmers
are not content with the control Of
Legislatures, but endeavor to under
mine the best and surest refuge Of the
people-the courts of justice. 1t the
farmers are to elect a judge, pledged
to do their bidding, the railroads will
attempt the same. and all purity
aud honesty in our judiciary sys-
tenn will be at once destroyed.
The position occupied by a Judge
elected on pledges 10 decide either for
against certain interests, Is pecu-
llarly unenviable. He will sit on the
bench and hear long arguments on the
constitutionality Of legislative enact
ments or the legality Of certain acts,
not only he. but the attorneys
who practice before his court and the
who elected him know that the
trial Is a farce. that the case has
been prejudsed, that the question has
been already discussed and decided at
the polls ; in fact that he Is not a judge
At all, but q dummy filling the seat Of
an oracle. The farmers Oranges have
sxpoundrd the law In their councils
and put him there not to use his own
Judgment, but to echo their conclu-
sions. The principle Is faulty In the
extreme. 1t does away with all rights
Of a minority and submits questions
Of State and municipal law to the de-
Of State conventions and town
meetings. The judge elected Is bound
to decide according to the desire or
interests Of his constituents regardless
Of bis own opinion or the justice of
the case. When such elections as that
Of Craig can occur In a free State and
under constitutional law, it is time
to replace an elective BY an appointed
judiciary, who shall hold office for
life and DO perfectly Independent Of
popular clamor. This will be the in
fallible result Of the election Of dunn
my judges.
NEVADA STATUTES. We received
this morning from State Printer e. A.
D,tno~ oonv ef tbo I, uc poccod