The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-04
Lord Dunerin on Elective Judges.

In speaking Mt Toronto last week. Lord
DUFFER1S congratulated the Canadians on
the independence Of their judiciary, and
warned them against the system Of clectlng
Judges. He badc them beware OF the ten
dcncy in that direction, which he deems to
be too prevalent on this continent. We
notice that the Albany Lar journal, in COM
menting on these remarks. states that
where the experiment has been tried it can
not be said that the judiciary are not indie
pendent; and adds that it is certain many Of
the elected Judges are men OF very great
ability. So far ms the judiciary Of this part
Of the State Of New York is concerned, it
seems to US that these hopeful views Of our
contemporary are hardly warranted by the
facts.
We are opposed to the existence Of any
judicial patronage whatever. The law, as
1t now stands. however provides for such
patronage. Under these circumstances,
since the power must be exercised the
Judges ought to be left to exercise it to the
best Of their ability, free from outside inter-
ference. 1t is scarcely correct to call them
independent when in the appointment of a
referee for example, or the selection of
receiver. or the designation of a newspaper
In which a legal advertisement is to bc pub
lished. they act. not according to their true
judgment Of what is right, but in compli-
ancc with the dictates Of party leader
The fact Is notorious that judicial patron
age is thus dispensed in the city Of New
York, and such a state Of things is utterly
Incompatible with anything like n true in
dependence of the judiciary. We do not de-
sire to be understood as rejecting upon any
particular Judge, but we do mean to express
our very serious doubt Of the wisdom Of n
system under which it has been possible
that so gross an abuse should grow up
The assertion that many Of the elected
Judges are men OF very great ability Is true
in qualified sense. II we look over the
whole countrywe can make out quite a long
list Of distinguished Judges who owe their
Offices to popular election. But the number
Of such men, proportionatc 10 the entire
number Of elective Judges. seems to us I'M
duly small. In our highest appellate court
In this State we have been particularly for
tunate in having tribunal which has COM
manded and merted the respect Of the pub
lie and the legal profession since its re-
organization some ten years ago; but how
many men Of very great ability are there
among the thirty-three Judges Of the SUI
preme Court? And how many among the
Judges Of the various Superior City Courts,
as they are now called II is certain that
some Of the members Of these courts are not
fit to be Judges at all, and such men weigh
heavily, in testing a system, against those
whose capacity for judicial Office cannot be
questioned.
We believe that n well-founded confidence
In the judiciary is essential to the continued
prosperity Of "a community. But this confl-
dence must bc based upon facts-upon the
existence and manifestation Of uprightness
and moral and intellectual fitness in the
Judges themselves. The public cannot
afford to disregard the faults OF tho judi
ciary, and We have no sympathy In the out
cry which arises, whenever judicial abuse
IL exposed. about impairing respect for the
Judges. II the fault in question IS theiI
own, they are not entitled to respect. II it
Is peculiar to Il particular judicial system
II supplies an argument for adopting a bet.
tcr one.