Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1876-09-11
Potlrics AND THE BENCH.

summing that the Supreme Bencl
should be kept free from the intu'
ence Of politics. He said that, wers
the Bench to set the example tn vnt'
ers and itself take no cogniasnce OF
political leanings in exercising. its
functions electors might endcavor to
Geek ont the tittest man intrinsically,
disregsrding at the same time all
other considerations. But the Bsnch.
according to our informant, has no,
done so. A case arose some years
ago that was appealed from the Dis
trict Court for Orinsby county, in
which, the question of the consrtu-
tional right of. eolored children t.
attend the public schools in common
with white children was the disputed
point. The Supreme Court wss then
composed Of CARRIER, Whitmsn and
Lewis. CARRIER and Lewis, having
Democratic predictions, ruled
against the appellant, or agains. the
constitutionality of admitting coll
ored children to the public schools.
We say they so ruled because they
were Democrats, but thew might
claim In reply that sauad principles
of law were alone their guide. Those
same sound principles, however, are
often right or wrong. according ~
ones education and custom of
thought. A Democrat might hold
opinions upon these points quite OPP
posed tn those of a Republican, and
each might consider his own as rest
ing on the mist logical basis, 4
very striking Illustration Of tins is
the case Of bred Scott and hrs wife,
known in law and history as the
"Deed Scott Decision" The eqaity
Of that decision. when viewed in the
sunshine of events that have since
trsnspired, is admitted on all hands.
we believe, to be gravely questiona-
bic.
Inasmuch as right and wrong are
things governed very much by time
and place. and Judicial decisions are
formed according to the prevailing
notions of justice, which alter with
the alteration Of public opini N. it is
plain that the members Of diff rent
political parties, when the line of DIFF
ference between those parties is one
of construction of law, may he in
competent to render decision wholly
free from personal preluiices when
the point in controversy has = political
aspect. Therefore i is nothing IN tie
detriment Of Judges Lewis and Gar
Der that they could not exclude their
political notions trnm any weigh, IN
the decision under notice. And that
their political notions had such
weight will become apparent when
we imagine q Bench compnscd of Re-
publicans aud the conclusion they
would have come to in the same case.
OF course they would have held
that the children of colored citizens
who paw taxes sad assume all the
responsibilities of part In the gov
eminent have a right, according to
the accepted principles of justice, 10
the benefits in common with other
citizens Of the public schoals. Thus
it appears that even'in the Supreme
Bench of State the palitics of
man who is an sspirant for seat
there should be considered as well as
his legal and other qualifications.
In assuming 10 former issue that
there should I've no political siguis-
canoe attached TO the Office of Su-
preme Judge, we kept before us the
superstition that the questions that
divided Republicans and Democrats
before the war, and which hinged
upon the Interpretation of CERTAIN
clauses Of the Constitution, had
been finally settled. We could think
Of nothing that would come before a
State nr National Court that would he
likely to have bearing upon a
Judges political prrjudices-pscju-
dices that are natural and tha, do not
reflect discredit upon the person who
is swayed by them. The case tina,
our acquaintance pointed out is 81
pertinent and So much to the point
thaf We could not refrain from re
marking upon it. We are without