The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-11-21
Am Elective Judiciary.


much argument in those States where
the elective system prevails. The ques-
ton is also II of great interest to the
of Kentucky; for though we
have not suffered as New York has
from q corrupt Judiciary. described by
Chief Justice Marshall as d" the greatest
curse which an angry heaven can in
fict upon a SHINING people, there. are
abuses growing out of our present
elective system which require thorough
reform. 80
It is not unfrequently the ease that
judges, while on their circuits. stop for
weeks with lawyers or with laymen,
and place themselves under obligations
by accepting their hospitality. They
also accept free passes over railroads,
free lodgings at hotels, and place them
selves in various ways under obligations
which they are certainly very apt to
recognize IN some way, either conscious
~ or unCOnsciOusly, while Oh the bench.
II WI reflect upon the prOpriety of Il
judge. accepting Il present from a liti-
CANT, every intelligent and ri%ght-think-
ing person will conclude that it is III a
manner demOraliZing to the beneficiary
and ~cOrrupting in it's influence. Yet
how many Of judges would refuse
d present from a friend merely because
| he happened to be involved in q case
| which will come before him for adiudi-
cation? Even Bacon declared that he
had never taken a bride, though he
acknowledged having accepted presents
from %Gtigants, and maintained that his
decisions were in accordance with law.
Bacon, however, has come down to
pOstCrity with a memory stained and
darkened with corruption. Most law
yers at least are familiar with the con-
duct Of the illustrious Sir Edward
Coke, under temptation of this kind,
and his example should be the guide Of
all wearers of the e~rnine, high or low.
While sitting at circuit, on a certain case
being called III which a wealthy gentle
man was plaintiff, he asked: "Is not
this plaintiff the man who recently sent
me a buck ~ eyes, your lordship,n he
replied, "it has been my custom to send
Il buck to whatever judge should come
down to this circuit from time immenGo-
rial" But | can not hear this case"
answered the judge, until I have paid
draw my case" said the old knight, in
d%ignantly. 81 will not try it before Il
Judge who suspects me of bribery for
rendering an ordinary hospitality"
"And l." replied Sir Edward Coke,
"can not afford to receive even an Or
binary hospitality, when it may be mis-
taken for bribery" 1t is quite clear
that the upright judge appreciated the
, indelicacy and peril Of doing what is 50
frequently done nowadays without
p scruple. i.
: It is also true that Kentucky has
suffered greatly from the incompetency
and demagoguery of some Of her Judges.
DOckets which could easily be cleared
by a quick, able man within a week. are
, pOred over for months ut a cost both to
iitigants and to the Commonwealth.
For fear of offending the lawyers OF
their clients the judge often allows a
9 day or two to be CONSUMED in making
speeches, when the counsel could easily
say everything he has to say bearing
ON the merits of the case within an hour
\ or two. Indulgence to parties is Otter
= extended beyond all reason to enable
them to remedy their own laches merely
because the judge is aware of their in.
~1uence and fears their resentment
= The court also not u%nfrequently takee
= weeks to consider a case before render.
ing an opinion, when a more capable
: Judge would dispose of the question
more intelligently in SO many minutes
. and Judges are often elected on accoun
Of their personal popularity, with bu
49, i3btIE 1ESb1O ~ biIGlA INSdI CIpdClJys
These are evils which will often strik'
an intelligent observer who frequent
. our courts and is brought in c0ntac
with the judges who preside Oyer them
That the evils can hardly be doubted
!: but the questions remain-What ar
the proper remedies, and how ma,
) those remedies be applied?
= The system of appointment has beel
tried III several States. In some it ha
operated fayorably, in others it has ha,
its disadvantages. The constitutio'
y which was adopted in Virginia in. III
- provided for the election of judges b
< the Legislature. Tho disadvantages q
~ the system were early developed, an
y proved sufficiently grievOus to warran
a change, which was effected by til
:, - constitution adopted in 1851. TIL
y kdelegates very justly objected to til
/ old system as calculated to impair I'll
y independence of the three great dc
- partments of government by givin
4 to the legislative department an infu
- enee and q supremacy which disturbe
y the harmony of their operation. Judge
were subsequently elected by the pee
~ pie, and though this. change was CO
~ tainly advantageous, it. was superior |
= the system of appointment by the Exc
=, cutiye. tits true. that one of the Ol
=, ieCtions which apply to the plan of ele,
y ton by the Legislature applies, in
~ measure, to the plan Of appointment b
the executive with the concurrence I
Il tWo-thirds Of the State Senate for. I'll
= executive and the legislative depar
4 N meDts thus acquire an augmented il
Il huence TO the disparagemeft of the il
dicial department., which somewh;
desturbs the d~istinctness and indeDel
= dence of the latter for tieentire sepa
alton of the executive, legislative all
judicial functions is regarded as fund.-
mental in free institutions. MontesQuiG
y says that the combination of these thrt
elements of government wherever the
are found is tyranny and, though tt
,,o interference Of one department in tt
- functions of another in some respect
H. may be regarded as salutarY because
- the proper restraint against abuse, it
questionable whether that interferen,
. should be carried so far, 1t may
urged that, in1Order to preserve that i
n dependence among them which all e.
g. perience has shown is so desirable. it
e necessary that teach should spring direc
20, II from the people and be alike re
ponsible to the people. ...s#
81 On the other hand, it may be said TIL
the appointing system better secur
~ the independence Of the Judiciary tlfs
- the elective system ; that a Judge, WIN
looking to the masses for a<c0ntinuan
in Office, will be more apt TO do what
popular than what is right when Il
two courses Of conduct conflict 1t
nv certainly true that one of the great a
"a vantages of having a separate judicia
department consists in the prOteetit
~ which it affords to individuals and
~ Il Al. = 49, - IRI.1~