The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-07-19
The Origin Of'the effective Judi
ciary.''

In discussing the question OF
electing or appointing Judges IN
Mississippi, those who favor the plan
of electing never lose on occasion to
impress their readers with the belief
that our State was the first among
the ssterhood to inaugurate the
elective system. Now. we care little
for. the matter of priority-the elee
i've system, by the people, worked
well in it's day, and so did the plan
of electing upon joint ballot by the
Legislature that preceded it; and so
has the present plan of electing by
!>nomination of the Governor and vote
~ the Senate. We have tried all
I three plans and each at u period
when the surrounding circumstances
guaranteed its success, and each has
resulted in giving us as fair a judi
ciarv as any of our neighbors can
boast; and if we thought that we
could better ourselves by return to
the elective SYSTEM or that we
could return to the plan of electing
iudoes at the ballot box without
hazarding the happiness and welfare
of the people in certain portions of
the State, our voice would not be
raised in opposition to the change.
But we started out to discuss ques-
ton of fact and not Of policy.
The plan of electing the Judges
bv popular vote did not originate
in this Commonwealth: Georgia
was the first State to elect her Judges
by ballot. In her constitution OF
1796 she provided for selecting the
Justices of the Supreme Court by
popular election and the Judges of
the Inferior courts by vote of her
Legislature on joint ballot. In 1919
she amended her constitution so as
to elect the Judges of the Inferior
: courts, also, by popular vote.
= In 1886 she amended her consi-
tuition so as elect her Judiciary by the
Legisla ture; in 1865 she again
amended, so as to elect the Supreme
Judges by the Legislature and Other
> Judges by the people; 1868 she again
= amended, and this time the power
/ was lodged in the Governor and
G Senate. She amended again seVero
= years ago, and now her Judges are
=, chosen by the Legislature ON JONI
ballot.
IF Mississippi, the child of Georgia
N under her constitution of 1917 elect
- ), ed her Judges by joint ballot of hei
Legislature. In 1892, thirty foul
years after Georgia inaugurated tL'
system, and three years before sh'
d" abandoned it, Mississippi amended
AZ her Constitution so as to elect he
70 Judges by popular vote In 1868 th
III Carpet bag Convention framed th
ol present Constitution, and if ther
a was single Article or Section IN
OIL that met the approval Of the proper
I'd ty holders and of the men who love
at law, peace and order, it was the pla
RS proposed for the selection of tn
e Judges. To be sure it put MS at tn
or mercy of an inimical Governor an
II intriguing Senate, but many of th
a. selections were good; and those VIII
ld remember our utter impotence 4
no the ballot box from 1869 to 1871
VS. will almost shudder when they thin
ay of "what might have been,' if IL
II same agency that elected Legislator
no and State, County and town officer
Id had been called upon to supply
for with Judges and Chancellors.
Now we have the control of Il
ow appointing power-the Govorn'
ed and Senate-is it not the part
NO wisdom to ''let well enough alone
y IT is quite amusing to read Il