The New York herald., 1873-10-28
SHALL JUDGES BE ELECTED I?
Opinions Of Prominent Lawyers
on the Question To Be Sub
~ mitted to the People.

mitted to the People.
APPOINTMENT OR ELECTION.
me topic OF the day In this State is the question:
sshall Judges DO electedi" and which the people
INST decide by vote at the election next week In
,eierence to the proposed amendments to the con-
,ftution, which vote will either resultin rattn-
,ation OF the amendments OF the Constitutional
convention OF 1s4e or return to the former system
" Nappointmsnt Of judges by the Governor OF the
otate. With desire to give to the readers OF the
NxaALD the opinions OF prominent lawyers whose
Sral career Ia contemporaneous with the period
Then this change was made, ana whose dispas-
aonate Judgment the result OF the elective sys-
nm would be useful probably in deciding the vote
M the electors our reporters have been desired to
Sall and converse with several OF these representa-
i've lawyers and their opinions on this subject are
appended below. af
What Mr. James w. Gerard Says.
Mr.. James w. Gerard belongs to the old school
" New York lawyers, and OF course all the in
tncts and predictions OF this old school find in
i'm conspicuous, not to say pertinacious, develop
nent. Retired from practice for many years-and
ew members of the Bar In this city have with
Eawn from the stirring activities Of long profess
Aonal career more highly respected and signaIy
bonored-he has, nevertheless, been ceaselessy
Ibservant Of everything transpiring in the great
,uter busy world about him; ard while there is no
me in New York who has more intimate know
edge OF the current events OF the day, there ts
ertany no one possessing richer fund OF In
ormation regarding the history OF New York for
ne past fftv years. and particularly Of the events
connected with its legal and judicial history.
Knowing these facts, represen tative OF the
herald was duly commissioned to call on Mr..
serard, at his residence in Gramercy place. He
gas at home.
''Y0ur name and the great paper you represent"
aid the venerable ex-barrister, extending his
.and with his wonted cordiality '1s an open
esame' not to be resisted; but the present state
" my health reluctantly enforces on me seeing
tery few visitors. am great sufferer from rheu-
natism-no common rheumatism, that philosoph-
cal stoicsm might snap Its fingers at, but internal
rheumatism, so much more exhaustive OF patience,
mdurance and the vital energies. But no matter
about this-what can do for you ~
81 have come to interview you'- v.
sInterview mel" he interrupted, and his eyes
sow lighted up with their old look Of geniality; II
lm afraid am poor subject for interviewing"
"Appreeating your kindness In seeing me, and
yut of consideration for your health, will make
me interview short'-
'.And kindly save me from that dreadful doom
eeing talked to DEATH" again interrupted Mr..
Herard, with something Of his old smile lighting up
his features.
'The HERALD desires to ascertain your views,
Bith view to communicating the same to its
many readers, upon the question now agitating
NE public mind-whether judges should be elected
,r appointed.n 81 eF3 3a
.As to this question:" replied Mr.. Gerard, speak
ng quickly and with warmth. "the whole matter
les in nutshell. city judges should be appointed;
Ountry judges elected"
"Why do you make this distinctions"
SIN the country everybody knows everybody. In
ne city nobody knows nobody. In other words,
he country folks know all about the judicial cand
Ates-ther antecedent history, their trustworthi.
ess and moral fitness. Legal requirements arc
Important, OF course; but, after all, it Is better to
ave more morality and less law than more law
nd less morality In the country, under the
uective system, there are as good pure, upright
md capable judges as under the old system OF ap'
$50 then you would have an elective judiciary
Dr the country ="
mder the elective system; but this is not necessa-
ily a bar to going back to the old appointing sys-
appointed, but insist that here in New York the
Sective system should be abolished. Corrupt, i'm
,ure and totally UNIT men are here raised to Judi
ual positions. The whole thing Is managed by
,Oltical caucuses The man who pays the most
money gets the nomination, and ne is put forward
6roat.n
us there not likely to be gusernatorial caucus
ng in the matter OF these appointments ~
yoint is to have an honest Governor"
How about an honest senate-the confirming
'The people must look to this too and elect
ionest men to the state Senate. The whole respon-
nas s1 all w9
Elections the great drawbacks to the elective sys-
'Certainly; when elective would make the
erms longer and the appointments during good
W6y = ss tie Convention of is4e change the sys
'.Political wire-pulling was at the bottom OF 1t.
opposed 1t vehemently and foresaw the evil re.
Mits that would follow. We have had many good
ndges on the New York Bench since and many
!oor ones AS class they are not the judges Of
..Judges have deteriorated thenYn
sscalawags get on the Bench now. They didn't
lse TO- Judges, moreover, are now-some. at
east-advocates Tor their reelection, and when
sne is looking after popular favor he is not apt to
iold very steadily the scales OF Justice. might
n brief, which, fear, you win lind very CT 1de and
unsatisfactory. some other time may be able to
ak TO you at greater length.
part OF Mr.. Gerard, we thanked him for his cour-
esy bade him good day and withdrew, leaving to
Ome future day, when his health is restored, the
ecord OF the epgrammatic sparkle, caustic criti-
nsms and charming anecdotes OF olden times and
lden characters with which his conversations are
Always enlvened.
What Charles O'Conor Says.
Mr.. Charles O'Conor was called upon by a re-
orter OF the HERALD In reference to this question,
nd, inasmuch as he was member Of the Consti-
utonal Convention OF 1916. he was able to give
ONE information or legal and historic character
nat will be found useful in the present discussion.
Mr.. O'Conor, in reply to an inquiry Of the re-
sorter, said that he never had any other opinion
han that the judges should be appointed.
'1s that consistent with democratic principles,
Gr. O'Conor ~
'Yes 1t is. think that the democrats who be-
!eve otherwise are both scientifically and his
Drically wrong. 1t Is not democratic to elect for
MY other office than those OF the chief executive