Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1885-05-07
The Defeat of Mr.. Justice Cooley.

ST. LOnis Central Law Journal: The
American bar have learned with pain
that one of the greatest jurists which
this country ever prOduce4 has just been
defeated of reelection to the bench OF
his own state, though in the full
strength of his powers and at the very
height of his usefulness. Thomas NJ.
Cooley as a constitutional lawyer taxes
rank by the side Of Story and Marshall.
AS writer on constitutional law he is
! superior to Story, because he is mere ac-
eurate, less diffpse and not as vain of a
display Of learning. His legal judgments
surpass those of Story in brevity and
diction. They equal those of Marshall
in dicti0n and Ia massive reason and
greatly surpass them in learning. No
Judge has ever lived in this country pos
sessing a more enlightened spirit of
| justice or more evenly balanced judi
cial mind. His work on Torts is the
| finest epitOme of the law on that sub
ject which has ever been written in the
English language. His labOrs as leetur-
er in the law school of the university of
Michigan have given him personal ac-
quaintance with members of the bar in
every section of the UnioS. Through
his labOrs as an Instructor. an author
and Judge he has acquired hold on
the good opinions Of his professional
brethren sush as is probably enjoyed by
no other living lawyer. And yet this
great lawyer. after having occupied for
some twenty continuous years seat on
the supreme bench OF his state, was de-
feated of reelection the other day by q
political combination having at the
head of their ticket man unknown to
the legal prOfessiOn'Outsidei0 Michigan.
We do rot wish to say anything in dis
paragement of him, for we know nothing
of him. He may be a good lawyer and
may make an excellent judge. But that
the people of Michigan should have been
willing to put aside a lawyer OF the pre-
eminent learning, experience and prObi-
ty of Mr.. Justice Cooley tor new and
un ried man is striking illustration of
the impOlicy of electing judges by the
popular vote. II also points to the fact
that the policy of electing judges on "off
years." when no political officers are to
he elected, is not safe remedy for the
bad results which frequently flow from
the system of electing judges by the pop
ular vote. We find that here, on an "Off
year. as well as on political year, the
opposing political parties meet in the
conventions and nominate their candi-
dates, and their party followers march
up to the rack and vote their party tick
eft as blndly as they do on years when
Presidential electors and members Of
Congress are elected.
The defeat of Mr.. Justice Cooley,
though a great shame to Michigan. is
no loss to him nor to the country. He
had far OutgrOwn the Office which he
filled. He will be able as chamber
counselor. to take. in single fee, as
much as the state of Michigan paid him
for two years Of toll upon her bench OF
last resort. He will have and will no
doubt improve, the opportunity of de-
voting the leisure of his ripe years to
the literature of the law; and we may
expect from this circumstances results
as beneficial to American Jurisprudence
as those which flowed from the narrow
policy of the former constitution of New
York., which retired Chancellor Kent
from the bench at the age of GO.