The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-07-26

In yet other states the election has been
b. executive appointment by and with the
advice and consent of the state senate. 1t
would indeed seem that at least two seri-
Gus objections would lie against the APP
pointmeDt by the governor, as is asked for
by some. In the first place, il would lodge
zoo great a power in the hands of the ex-
ecutive, who, if he happened to be selfshly
ambitious or arbitrary, would look to his
own adherents rather than the character Of
the party to be appointed. This was the
case under the rule of HENRY CLAY WAR
MOUTH some years ago in Louisiana, where
laws were construed to suit the occasion.
1t is true that the spirit Of favoritism
might be partially checked by the senate
in their ability to override the appoint
ments, but much mischief might notwith.
standing be done. In the second place, the
judges owing their positions to the execu-
tive might not feel themselves sufficiently
amenable to the people, and thus become
arbitrary and exacting On the other
hand, it is not to be assumed that mass
Of individuals hailing from all parts Of this
great empire state, congregated as dele
gates III convention, should know who are
the most desirable men for the all-import-
ant posts of Judges of those courts. They
will cast their votes on personal considera-
tons or through advantages to be gained by
swapping-off arrangement. you vote
for my friend for attorneys general, or treas
urer, etc, and | will vote for your man. for
judge" is the kind of interested equiva-
lent, compensating balance Of bargain
that is entered into. The consequence is
that the intrinsic merit of the candidate is
not so supreme factor in the voting pro-
cess as are the personal partialities or anti
pathies, the piques or resentments of GER
tain individuals exercising the innu-
encc. Under this arrangement "dcad-
locks" on really efficient men are
produced and third person not
near so desirable is finally selected,
Under such regime the advancement OF
the public service is subordinated to party
triumph or personal intrigues. The dele
gate whose sense Of duty to his state and
| its people who have entrusted him with
sacred trusts laughs quietly in his sleeve or
outright in his seat that he has defeated
somebody because somebody declined to
assist or affiliate with him in voting for
some other candidate or some resolution or
policy. To those acquainted with human
nature as exhibited in conventions, this is
not an exaggerated view, however uu flatter-
ing it may be to our integrity as Il people
protesting to love justice and right.
We believe that the Texas Bar Associ-
alton that met this month in Galveston
recognized the importance of ,,mehow
bringing to the front for the superior courts
only such persons as candidates as should
be duly qualified in their estimation. This
would be of vast assistance TO the average
delegate, tor he would then know that al
most any of the candidates offered were
well fitted for the post aspired to. Where
new men are placed in nomination it
might be well for the association to further
hiu tHc peopio Ny ciillbuleullP tneIl
as to the reason of the change.
Some new judicial system, some new
political policy, necessitated by growing
alterations in the social organism, might
be productive of excellent reasons why the
judiciary should have corresponding
change. And if we are to continue in the
elective system, it is to be further hoped
that the period Of office holding will be ex-
tended and confined to one term, with am
pie remuneration, so as to secure the best
talent. AT the present allowed salaries, q
judge is not able to lay up anything as
against "a rainy day." The sum now is
barely snilicent to support himself and
family, to say nothing of style of living he
should be made able to indulge in. The next
legislature, meeting next January, should
consider the question and ascertain what i.
best to be done in this matter. The democ
racy should likewise give it serious consid.
Grafton, as it is held responsible for the de
crees of the courts SO too of the lawyer.
OF Texas, for the reputation borne by the
judiciary largely indicates the character o.
the profession from whose ranks they are
selected.