The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-07-06
AUSTIN, TEXAS, July 8, 1888:

To Messrs. Peeler, Dowell, Wooten, Fisher,
Pendexter, Sneed, Rector, Evans, Pease,
Woodbridge, smith, Burts, Ruggles, Morphis,
Davis, jackson, Walton, Hewlett, and others:
GENTLEMEN-Your favor of the thir-
tleth ultimo came duly to hand. Before
It's receipt 1 had consented that my name
might be used before the Democratic
convention, in connection with seat on
the supreme bench.
This was done after a great deal of
hesitation, tor do. not believe that high
judicial positions should be disposed of
by political conventions. Nor do I be-
lieve that short terms of office, low sala-
ries, and the selection of judges by party
nominations, is by any means the best
method to secure good judiciary.
Yet since the people, in 1850, amended
the constitution of 1S45, so as to give us
an elective judiciary, and every constitu-
ton since, except that of 1870, has con-
tanned the same provision, IL may low be
considered as settled in Texas that the
people prefer that mode of selection,
and Will probably never adopt any other.
In consenting to allow my name to be
used In this connection, 1t is proper to
say that l have n high regard for the pres
emit incumbents of the supreme bench,
and am willing to bear testimony to their
industry, integrity, patience and ability.
But do not understand, as has recently
been broadly limited in certain quarters,
that, by custom and usage, the present
their having once filled these offices,
some kind of vested right in them. On
the contrary, most distinctly recognize
the right of the people, or of any portion
of the people, to call the attention OF the
voters OF the state to the names of such
persons, other than the incumbents, as
they may prefer for these offices.
: M a
widespread discomfort in reference to
this bench, there Is no sort of doubt.
That many persons believe a change in
the psrs0ndLe of the supreme court will
cure, or at least greatly lessen, the evils
complained of, lie equally certain. While
1 am moi so sure that the change contem-
plated will cure the existing evils, 1t is
the undoubted right of the people 10 take
hold of this matter and deal with ii in
their own way, without regard to who,
under their action, viii retire from the
bench. or who win take their places. As
a matter of fact, but one of the members
of the supreme court has been elected to
the position he holds, and he is not q can
didate for reelection. The others hold
only by temporary appointment.
cannot express the pleasure / feel in
looking over the long list Of honored
names appended to your note. / will not
conceal my qualification and pride at its
receipt. Representative men of all par
ties, deservedly standing in the front
rank of our profession, and at the head of
the respective political parties to which
they are attached; many others with
whom 1 have so often been associated in
the trial of causes; others to
whom it has often fallen to my
lot to be opposed in the conflicts of the
forum, alike unite in this letter. 1t is
no slight reward, in itself, to have such
an Endorsement as is contained In your
note, from such men as have signed it.
feel it deeply, and have not sufficient
words at command to express my warm
appreciation of your good opinion as con-
veyed in your valued favor.
1t Is proper to say that, as heretofore,
SO in the future, / shall not in any man.
ner whatever seek the Office nor resort to
any of the methods of electioneering gen.
orally used. A person who resorts to
these methods, exhibits thereby, in my
opliion at least, his own unfitness In q
great degree to discharge the delicate and
exacting duties Of the high Office to
which he aspires-
Should the convention, in its wisdom,
prefer some other Of the many honored
and worthy names that will be presented
to 1t, 1 shall most cheerfnlly acQuiesce In
its decision. / am, gentlemen,
Respectfully your obedient servant,
c. s. WEST