Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1873-08-21

ton in the administration of justice in
that court.
The only effect that can be produced
by the application of this principle to
| the election of Common Pleas Judges.
would be to commit the judges-clect
TO the particular theory upon which
they might be elected. And minori-
ties or majorities, as the case might
be, would seek the election of judges,
not for their worth as men, but be-
cause of their committal to the partic
ular theory of those who support them
and because they would pledge them
selves to carry out in the judicial office
the wishes of constituency.
While this theory might be well
enough in political office, it would
be most dangerous to apply it to the
Judicial. 1t would tend most certain
ly TO prostitute the high office of a
judge to the mere instrument and tool
{ f the popular will; and, even worse,
to the will of the small minority to
whom he might owe his election.
If the judge is to feel that he is the
proportional representative" of a
party, he can have no independence of
character as a Judge. He will be eX-
pected to be the instrument of his par
ty to make the law subordinate to their
eXactions and demands.
The election of judges by popular
vote naturally tends to make the judi
cial decision the expression of popu'
lar will, and the more easily the judi
cial mind can, or may be controlled by
this influence, the more danger is
there of judicial wrong
If the judge must look to the pre-
vaiIing sentiment of tue people, if un-
der the control of public opinion at all,
he is not so liable to be controlled in
the wrong direction, at least, as if he
owes his place and position, to bare
minority only. In the large cities,
where the worst elements are congre-
gated, it would be an easy matter for
them to control to a large degree, by
this principle, the judicial Office, and il
is no difficult matter to obtain men as
candidates who will lend themselves
to their influences.
am not putting this question on
the ground of political differences Ol
opinion. The minority may represent
|, simple hostility to good and whole
some laws, and unite to elect judge
who is committed to the policy OF
}, non execution of them, and by the ap
plication of this principle you place
in the power of this minority, who rep
resent lawlessness and crime, to put, in
a large degree, the law at Defiance
This never has obtained, and cannot
| conceive that it ever can obtain by the
majority system, if elected as we have
heretofore been accustomed to.
1t is argued, without regard to the
principle of proportional representa-
ton, that the election of Common
Pleas Judges ought to be by districts, i
three or more, for the reason that the
; field of choice for judge would be
| thereby enlarged, and q better class o.
5 judges would be thereby secured. 1 a II
: unable to see the force of this argu
ment.
We must not forget that local prid,
and local prejudices cannot in this
manner be destroyed. That these ell
} ements of human nature will still exist
l Notwithstanding proportional repre-
sentation." 1t is not probable thai
, the people of any judicial district il
the State would consent that all tn
e judges should be chosen from any on
/ county of any judicial district in TIL
: State And although the honorable
e gentleman from Fairfield, Mr. Ewing
e may think that he knows a county o
e 10000 people where a man, proper 70
: judge, could not be found, he will finC
, much more difficulty than he imagines
: to convince the people of that count,
: of that fact l do not believe that tn
e Introduction of this or any other sys
e tenn will secure the election of three
/ judges, or more in any district in tn,
: same locality, but they would, as now
J, be distributed to the several countie
e quite as much as by majority vote,
not more so.
: We all know with what pertinacit
y delegates to conventions cling to til
: candidates for nomination from thei
respective counties, because of the 10
e cal pride, and bow often we see tn
d votes of large counties controlling til
: election wholly upon the ground of lc
= cality.
! The election of judges by large dis
e tricts, then, will not make any NOR
II efficient the judicial system, but sui
is ject the smaller counties to be over
e ruE by the larger.
d Again, it is said, that the system {
: electing judges by single districts wi
retard the business of the courts, bt
o cause judges elected by the votes {
n districts will not desire to go into
is district to hold court in which he VA
is not voted for. This is not a wei
II | prOun1ed reason IT ia rather an a.
o gument in favor of the election b
single districts.
J. If the Judge was required to hold hi
n courts in district where he was nc
,r voted for at all, it would be better
lie Then he would be entirely aloof frol
the influences of the popular will. an
.h would not be subject to be influence
J. thereby. A judge may unconsciousl
10 drift into the will and sentiment {
C. those to whom he is indebted for plaC
TO and and preferment. If he holds Ii
le court where is not liable to this infr
IN ence, it were better for the Judge, on
;h for the administration of justice. I'll
judge, who properly regards his off,
l. would rather hold his courts in q te
lie ritory to the people of which he do
III not look for election. He would ce
t. tainly feel, at least, that he was n,
of subject to be charged with being il
D. fuenced by the popular will.
r l would rather send the judge I'M
Dr. the district in which he was not vote
D. for.
The election of judges by large idi
le tricts will be inconvenient, and gi,
IN to the large counties undue power al