The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-10-17

ShouId .ths Judiciary be kleetives
Foz TIA cLAnlos
No one questions the right y he IeO-
PIE y elect their Judges Ours j. goy-
srnment -of the people, By Ohs people,
and for the PeOple," and in all IT. de-
partments IL is, or should be, but the
creature Of the viii Of the people
But the right Of The people 10 elect
their judges Is one thing. while the ez-
pediency Of that mode Of election Is
quite another thing The people could
abolish their Legislature, and in state
mass meeting enact their laws; and
abolish courts, and have al litigation
between parties settled by county con
ventions But would Il be wise for
these changes 10 be made IN car State
Constitution
With us, in the matter Of civil govern
meat, the people are the principals, and
those who administer the government,
their agents And, asin business Affairs,
principals often find it convenien. and
expedient TO act by agents, 50 in civil
governments, there are some things
which can best be done by the people,
acting through agencies created by
them, with authority TO act for them.
Ii is the unqaestionable right Of the
people TO elect by popular vete the pro-
fsssors in our State universities and col
leges, but a. a better mode Of filling
these important places, boards Of trus-
tees are created by law, charged with
this responsible duty. So, too, the
people have the right TO take the selec-
aiOn Of our grand and petit juries into
their own hands. But other agencies
for this purpose are provided by law,
and no sensible person would have this
mode Of their selection changed.
would, however, take from the Gov
ernor the power to appoint judges.
The one-maa-power is inconsistent with
the true theory of democracy, and,
therefore, the chief executive officer Of
the State should not be clothed with
Any power which can be more safely in
trusted to another department Of the
government The Legislature is com
posed Of select body Of men, and the
election Of judges, As United States Sem
ators are elected, by joint ballot Of the
two houses, Is a mode Of selection recoin-
mended by many cogent reasons, and
10 which no serious objection can ibe
urged. The appointing power ID the
hands Of the Governor Is Objectionable
because of the vast patronage which il
confcrs upon him, and the opportunity
it affords him TO reward friends and pun.
ish opponents; and, on the other hand
the election Of judges by the people is
Objectionable ON the principle on which
Il Is universally held Objectionable for
Judges 70 receive presents, or to ALLOW
themselves in any way to be placed
under obligation 10 parties who may
become litigants before them. The peo.
pie find fault with the Judge who ac
cepts free pass from a railroad com
pany-such a favor in the nature oi
things, being calculated to produce a
bias in favor Of the donor. The du
ties OF the judiciary are certainly OF tlis
most impoTtant and delicate character
and to their proper discharge, impair
tiality and perfect freedom from bias, is
no less indispensable than learning and
capacity. Even great familiarity and
intimacy between Judge or Juror and q
party htigant, Is looked upon with some
degree Of suspicion. Now, in all pOpu
lar elections there are candidates and
slectiOneering, and intimacies are FORMED
and favors conferred and received
Each candidate knows his supporters and
his opponents; he naturally cherishe.
feelings Of gratitude toward the formei
aud o. indifference, If not positive dis
like, towards the latter And this I'm.
Of distinction runs through the entir,
population Of the district. The canvas
i often protracted, and zealoasly and
energetically conducted, and friends be
, come partisans, and opponents little les
than enemies The election over, tn,
! Judge Is frequently called upon to de
eide cases between supporters and oppo
nents-between party who contributed
his time and money towards his election
and one who did as muchto accomplish
his defeat Now what is the difference be
tween the position Of this judge ahs
that Of the Judge called upon to decid
q case between q railroad company from
which he has accepted free pass, and
! citizen to whom be is under no simila
I obligationY / do not attribute an
! special influence to free passes, but
hold that no Judge should accept one
: Il Is not enough that our judiciari
. be honest and impartial-it should b
!, above suspicion. Il is, indeed, due t,
the judge that he should not be place
In circumstances which expose him {
the charge Of partiality, or prejudice, 0
: TO the imputation of making decision
5 from wrong motives.
= Furthermore, il is frequently seen t
be the case, that the best lawyer is, befor
the masses Of the peoples the least sus
$ cessful in electiOneering. Popular mar
:, ners, a fund Of anecdotes, and a cs
: pacity to tell them well, avail to wi
many votes; and looking to the presen
; character Of our voting population
growing out Of the comparatively recen
abolition of slavery, ! cannot bring my
= self to the conclusion that our Judge
{ should now be elected by popular vot,
: In several Of the judicial districts th
colored vote largely predominates, an
J this, regard as a weighty reason VIII
= our judges should not at this time /
y made elective. 1 noticed, few day
aince, that the Democratic County Cor
vention Of Washington county too
& strong grounds against an elective il
4 dietary, and over their protest, and tina
Of others similarly situated, We shoul
u aot force this policy.
g There is still another view Of this snl
3 feet entitled to consideration. Cas-
2 sometimes come before our court
I which greatly excite the people and gis
/ voice TO a public sentiment, wheths
9 rightly or wrongly directed. 80 strong
= to require the highest moral courage
= Withstand il. This may be the case q
= theseve Of an election, and while Il
= Judge presiding i a candidate for r
y election. He Is awareo Of the directio
Of the current. and knows that decisic
g one-way. though right. would lose hi
> many votes, and perhaps eonsign him
q private life, and that q wrong i
u cision would be received with gre
e favor, and probably insure his re-ele
y tion. Now, why subject weak humi
le nature 10 an ordeal like thisi or WI
a: expose any citizen TO be tried BY iud
y 20 situatedi The absolute mbartiali
and Independence Of the judge Is C
tainly not advanced BY the electi'
sys>em, and what % great bulwark
&C the rights Of person and property, a.
Of learned, able, incorruptfbIe aud int
he pent iudiciary2 The Legislature, repl
r. senting the entire State, would be b
I'd little Influenced by 3 mere local or d
be triet excitement OF controversy.
Iel A M ExPzRfENcR.
ed The Father Of Forty Two Childr
IS. John HeifRer, ragpicker Of RendiI
n Pa, aged IS, was killed recently bg
at lomotive. He himself Is the aufhori