Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-17
A VICIOUS PRACTICE.

The san Francisco Chronicle, in its
issue OF the llth, very properly depre-
Gates the vicious practice OF electing
Judges for the ayowed purpose of de-
Gliding certain cases in a particular man
ner, their views on these points having
been first ascertained. The Chronicle
says, and very truly, that this is taking
the decision o! the question OF law out
Of the hands of the Judiciary and decid-
ing them by a popular election. There
can he DO doubt Of the truth Of this
proposition, but we will remind the
Chronicle that there is, We are sorry to
say, a precedent for this evil practice
afforded by the highest tribunal in the
land. 1t is but very few years since
Congress manipulated the Supreme
Court OF the United States for the pur-
pose OF securing decisions that were in
harmony with the political views of the
Republican party, both rs regards the
questions that might arise in the South
under the Reconstruction Acts, and also
those arising from the financial policy
of the dominant party. 1t was under
this inspiration that Judges Strong and
Bradley we're appointed, and their mis-
sion was to reverse the Greenback de-
cision Heretofore rendered, and they did
it. Since the war other instances could
be pointed out OF tinkering with the
Supreme Bench, and solely with view
to secure decisions that suited the party
in power. Leaving them out of view,
however We need only call at
tention to the refusal of the
Senate to confirm Caleb Cush-
ing as Chief Justice. What for? Not
certainly because he was not capable,
because he stands in the very formost
rank of the lawyers of the day. Not be-
cause he was not honest, because during
the whole of his heightened public
career, not a whisper has been uttered
against his integrity. Being then honest
and capable, what was the objection that
induced the Senate to refuse to confirm
him? Simply this, as expressed by a
United States Senator: That they were
not quite sure that he was in harmony
with the policy pursued by the Govern
ment since the war In our opinion, it
would initiate considerably against both
his honesty and capability, if he were;
but letting that 90, we would ask what
had that TO do with the decision of cases
in court where justice ought to be ad-
ministered, if it is not? What had that
to do with deciding whether this prop
erty belonged to A or B, or whether that
sum OF money was due G or d, whether
E had been damaged by F, and should
be mulcted in al equivalent; or whether
this law was constitutional or the acts o!
that official were in the true line of his
powers or duties; or, indeed, any of the
multiform questions that come before ,
court of last resort. Would it, ought it
to make any difference in the determine
ton reached by court Of thu
highest functions, from whose be
hest there was no appeal, whether
law was passed by majority
of this or that party, or affected this OIL
that party in particular way? Should
such ignoble considerations be allowed
for a moment to influence the determin
alton Of questions submitted to so ex
allied tribunal To this there can b.
but one reply. Still, We regret to say
by the actions and declarations of tn,
United States Senators assembled il
caucus on the Gushing nomination, i
would seem that it did. Now no tw,
wrongs ever made one right, and tn
course deprecated by the Chronicle il
not excused or sustained just because
set Of railroad attorneys and politica
demagogues choose to disgrace them
selves and injure the country, by select
ing very ordinary material for one OF tn
most dignifed and important Offices i
the land, when they might have had tn
best. But We wished to remind th
Chronicle that the system that it E
severely but justly reprobates found i
origin in its own party, and was pra
ticed ard defended by its leading men.