, 1873-06-03
AN ELElZTIYR JUDICIARY.

neotod with member by ooneanguinity, shoul,
DO appointed 10 fill : vacancy caugod by removal
This systonn, judging BY tho average oharactc,
OF tho Estate Legislatures Of to-day, VA.
little moro dangerous, II possible, thar
the prevailing system Of olecting Judges by
popular vote. The only advantage that attached
to it was that tho Judges woro appointed to hold
their places during good behavior. The uoneti.
tuition Of 1e4a abandoned tho systom Of lpgisla-
tive appointment and ufo tonure, and medo pill
judicial positions elective, the Supreme Judges
to hold office for ntne yoare, tho Circuit Judges
for six ycare, and tho County Judges for -four
yeare. Tho elective system has prevailed over
8lnco, tho Constitutional Convention OF 1870
having made notifications only in tho matter OF
judicial districts, number Of Judges, torn OF
ot1lcs and compensation, and up to tho present
tiino has not been productive Of any bad results.
Tho fundamental fallaey Of the elective system
- applied to Judges ia tho assumption that q
majority Of tho poop1o aro competent to ssy
what tho law is, which Ia not truo II tho opin-
ion Of minority OF tho people Is not truat-
worthy construction Of the Law, thon tho Judicial
egens Of this majority opinion ia not always in
decd is not apt to be, duly qualified to pass upon
1t. Popular elections, 1t tho beAt, are controlled
by sentiments foreign to tho calm, deliberate.
impartial, end learned construction Of the law,
They arc influenced by tho prevailing isBues be-
tween political partioB; by tho personal popu-
larity or unpopularity OF the candidates.; by
the excited condition OF tho public mind On iao-
lated questions, and possibly by tho workings Of
tho CAUCUS and the wire.pu1ling Of the protoa-
sionA politicians. Tho fact that Judges neither
make tho Laws or execute thom Is naturally, and
often purposcly, hidden, and Judge may bo,
and often is, olocted without tho slightest con-
sdoration OF his personal fitness or loyal attain
monts, bnt aa member Of the Legislature or a
ward Constable is elected. because Of his agreo-
mont with tho ruling faction on the political or
local questions Of the day. This ia tho common
condition Of Judicial elections. The dan
gers that fhreaten from time to time
consist In tho selection of Judges who
are virtually pledged to sustain On tho Bonol tho
popular construction OF tho law. The contest
between Judge Lawrence and 1fr. Craig tor tho
supreme Court vacancy In the Fifth Distriot vas
caso In point. It is safe to assumo that tho
ma1ofity Of tho pooplo who yotod for Mr. Crai4
did 80 With the understanding that he would fol- |
10" "'e'f construction of certain State statute
HsAous regard 70 legal precedenta or well-estab-
nehod principles OF lam. Whether Mr, Craig ao- |
e'p'ea 'nsls VOICE III the eamo spirit cannot now
~ Ano"a DUE tue case rs Illustrative Of what |
uas oo'or a. any tlme' with fatal results to the
aonoS1y, capaplhty, and eyonness Of Judicial de-
''elone'
.no eleos'on 1of Circuit Judges which occurred |
4n oooA county seaterday pointed out another |
.a''e's ""aya Imminent under thu elective sys-
''a.' anese 'aogos "oro eloctod at d time whon
pot''ca "as running low, and whon thoro was a
8ohs!a apathy among the people, who could not |
W aa'f'y afonsod by tho most important issue /
'hae eoala possibly bc presented to thom,-tho
''eo'loh OF hVe Judges who hre to hold Office
or ai1 years. Ono man IN tho community was
'e'otmnea to tako advantage Of this apathy to
fa"l into Judicial poaition, though he Is 30
lnquannoa for 1t IN every essential particular
ha' no conlo AZ no tttne' and under no ciroum-
tancee, receive the yotes OF fair ma
of'y OF the people, 9ot a certain. fac
|on o' tno community were 50 set against
Nv OF tho oandidatea for rc-elcotion
Aa' 'uoy oal1eo upon The voters to scratch him
sen ~ 'ne 'oSs OF eleoting man whom thoy
w .ot'oa VI Tue eame t1me to condemn. On
=. otneF nano' tno parslHana OF the unpopular
aus' "ere 80 fesh and inconsldorstoa to issue,
,..,a 10. a.s =, po'ote 'no election manifesto cal