New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-14
JUDICIARY REFORM.

Mr. DOrman b. EatOn's essay on 1.-The EX-
pertinent of an Elective Judiciary" prepared
at the request of the Union League Club and
the New-York Council of Political Reform,
appears from the press at an opportune mo-
ment. In few weeks we shall be called
upon to decide whether the system es-
tabhshed in this State i'll 1916 shall
be continued any longer, after twenty
seven years bitter experience has proved
its fatal defects, or we shall return to the
rational method Of appointment, which an
swered so well in New-YOrk in former days.
and produces such excellent results in other
parts of this country as well as abroad. Mr.
Eaton's forcible but thoroughly bipartisan
pamphlet furnishes, it seems to us, a most
conclusive answer to the question. He presents
the most effective array of facts and the clear
est statement of reasons against the election
of Judges by the people which we have ever
seen in print; and we should be glad if every
voter could be induced to read his little book
before the November election.
1t is only few months since the city Of
New York was disgraced by bench which
has had no parallel in any civilized country
since the days of Scroggs and Jeffreys 1t
was q disgrace which we had borne for many
years. not only without any violent remOn-
STRANGE but without even a perceptible effort
to get rid of it, We should doubtless be suf-
fering under it to-day had not a mere acct
dent brought on one of those extraordinary
popular revulsiOns which at rare intervals are
capable of working political miracle. Such
sudden and irresistible uprisings of the bet
ter spirit of the people do not easily repeat
themselves, and if one of the vagaTies of uni
yersal suffrage should give us new Barnard,
new Cardozo, and "a new McCunn, We
need not fatter ourselves that an
indignant community would find it easy to
get nd of them. Even though we are free for
a time from the scandalous corruptionists Of
the bench, it is notorious that the judiciary of
New York has lost character, until, as Mr..
Eaton remarks, "Our most intelligent friends
ain other countries as well as candid observers
" at home, have noticed the decay and the dis
" grace into which our judicial reports have
"fallen.n The shameful delay in trials, con-
flicts Of jurisdiction, endless appeals, false
rulings in criminal cases, doubts, confusion,
perpIexity that characterize the proceedings of
the New-York courts, the laxitY of the crimi-
of the system Of ex parte orders, are evidences
of decentralization which all thoughtful citi-
Gems view with deep concern. "The debased
d" sentiment which no longer cherishes ex-
" allied conception of justice" says Mr..
Eaton, naturally accepts inferior judges
with little protest l believe that no great
State, with people so intelligent or a COM
"merce nearly as large, ever tolerated so low
Z" an average standard of qualifications upon
the bench as now, after all our impeach-
ments, fills the bench of New York"
These disorders are the direct and, as it
would be easy to show, the inevitable result
of sending judges into the party caucus
to intrigue for their own election. That
is business in which no honorable
and eminent lawyer wants to engage.
But we can hardly imagine the danger
of any similar state of things where the ap-
pointment plan prevails. Certainly there was
nothing like 1T in NewYork before 1S46. Our
bench in earlier days was universally re-
spected. The names of Kent, Spencer Duer
Oakley. and Others rank with tho very highest
in their calling. No small politicians petty
LAWYERS without practice, thieves advocates
caucus demagOgues, or railway hirelings rose
to the bench in those times. Such men are
never found on the bench now in Massachu-
sets. or in New-Jersey, or in England. For