The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-26

pendence is disinterestedness disinter.
esteoness - impartiality, the very corner
b,a c + notorious that when lawyer leaves
,ne separation is probably final one. Few
lawyers recall a Once-abandoned clientele
therefore, his well-beiDg, nay, often his very
seat VI N''
There are few men who can with compIa-
cency step down from a position of power to
Lne plane OF penury. Self-preservatiun, the
ilfst law or nature, makes them instinctively
true TO those who have the power to save
them. And who are they2 The manipulators
out consideration.
III the qualifications of good magistrate
could be brought home to the hearts of the
masses, and they could vote directly as they
felt, all would be well for there Is a strong
sense OF right and justice In the people when
untrammeled; but in large populations the
powers OF organization often warp the good
instincts of the voters to the selfish purposes
OF the organizers.
Is it seemly or becoming that a Judges
term should be in the power OF men whose
trade is politics And, again, the efficiency
OF a judge is increased by experience A life
tenure, while by securing him from the vicissi-
tndes OF fortune, 1t leaves the undivided re-
sources OF his mind to the consideration OF
his Judicial duties, makes him by the con-
tinual exercise OF his functions familiar with
all Of their intricacies, and he feels a pride in
the administration Of bis permanent court
which he could not have In transient posi-
ton. There would be, too, a uniformity in
the decisions OF such a tribunal which would
be safeguard to litigants. whose legal rights
are now subjected to the veering winds of
many individual opinions.
Strange to say, the judicial life tenure Is
opposed not by the wealthy, whose fortune
gives them an advantage ia the tardy and
shifting rulings OF an elective judiciary with
short terms, but by the poor masses to whom
the speedy and certain administration Of JUS
tice is one OF their most vital and important
prerogativeS.
A modern writer, commenting upon the
judiciary of France, says:
1--WE commend these observations to those
in America who, calling themselves par e.u-
cettence the friends OF the people, begrudge
to their public servants respectable sal
airy Or even life tenure Of Office,
the, effect, II not the object. Of whose
policy is naturally to exclude from
every important public position all except
the independently rich or the needy and uIl-
scrupulous Official salaries can safely be
reduced to a certain point only by comforting
the office for life or good behavior. Below
that point, what is called economy constitutes,
at best, an insidious distinction in favor OF
the rich; and, at worst, the robbery and dis
honor of the State"
M. Glasson, professor of the University OF
Paris, in his recent work entitled "Elements
du DroH Frdacais," etc, vol. |, D. 212, elo-
quently says: Everything which compro-
misses or lessons the independence OF
the judicial power compromises the good
administration of justice. The judiciary
should be the organ of the law
and not the instrument of government; it
renders Judgments and not services. The
judicial power deprived Of its Independence
Is the most formidable instrument of factions
and of political hate. The absence OF the
power of removal is one of the surest guar.
antees Of the Independence OF the judicial
power; hence the spirit Of party is naturally
hostile to this great principle"