Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-10
WEDNESDAY. FEBRUARY 10, 1886.
Non-Partisan Courts.

Non-Partisan Courts.
There is pending in the Legislature
bill the object Of which is so well set
forth in the following article from the
Virginia Lac Journal Of January that
we copy the article in full The La"
Journal says:
THE PROPOSED CONSTITUTIONAL
AMENpMENTs.-Wet trust it is not too
late to urge upon the Legislature the
importance Of passing the proposed
amendments to the Constitution, embo-
died in the bill introduced in the Senate
by Mr.. Diggs, providing for the election
OF all She judges Of the State in classes.
These amendments seem to be aoso-
lutely free from objection on principle.
The proposed scheme is so simple, and
the arguments in favor of the plan so
obvious and conclusive, that it seems
impossible to say anything against 1t.
And vet we hear the fear expressed on
every hand that the bill will not pass.
The reasons assigned are two-iold: First
because all the county judges have just
been elected, and their friends in
the Legislature will not consent to
see their offices vacated within
three years; and second, because
the opinion prevails that these
amendments would obviate the neces-
sity for q Constitutional Convention.
Now, with every thoughtful person
who has no selfish end to subserve, one
of the strongest arguments in favor OF
these amendments is that they would
almost certainly remove the necessity
for convention There is much in
our political elements at present which
should warn even politicians against
the costly and dangerous experiment OF
q Constitutional Convention. These
will readily suggest themselves, and
need not be recited here. They are OF
sufficient gravity to make cautious
men TO fear and hesitate. The COnsti-
tuition itself, under which we have lived
without serious inconvenience for
nearly twenty years. points out
practical and safe method of amend
ment, whereby it may be corrected from
time to time in such particulars as ex-
perience may show to be necessary.
That method insures against demagogi-
cal experiments at the demand of pOpu-
lar clamor, preserves vested rights. and
secures harmony in all the parts of the
instrument. Who will guarantee these
in a popular convention? We repeat
that we hope the fate Of this bill has
not been predetermined; friendships and
political ambitions should beput aside in
this matter. There may have been some
room for argument as to the policy of
passing it two years ago, when it was
first proposed, but there is only one
side to the question now; and if it
shall be ignored now, as it was then,
the reasons will be obvious enough"
The best constitution ought, it
would seem, to be growth, and not
creation-a development, and not a
miracle-the survival Of only the Gttest
provisions, and not perfection reached
per satum. A Constitutional COnven-
ton would set the State back where
she was twenty years ago, with a Con-
stitusion which would be seen at once
to need amendment in many particu-
lars. What would be thought of
Messrs. STAPLES. BURKs, and
RILEY. if, instead of codifying
the laws Of Virginia as these stand
upon the statute. book, they should
proceed tc prepare new Code from be-
ginning to ending? Now, this is just
what Convention to frame a new Con-
stitution would be expected to do with
the organic law Of the State. There is
hardly an article or section of the Con-
stitution which might not be changed.
What would result: We answer that,
as we have just intimated, the work Of
amendment by piecemeal would have to
be commenced at once, if indeed the
new Constitution did not take away
from the people even the privilege Of
amending it in that way.
We don't desire to see q Constitu
tional Convention at all. There is nc
necessity for converting such a body
Whatever is wrong. in our Constitution
can, as matters now stand, be corrected
without running any risk of having
new. untried, and impracticable Con
stitution to deal with. Besides, il
such a Convention mischief might b.
done. Nay, much mischief might b.
done before the elections for its mem
bers had been completed.
MIR. DIGGs's bill strikes us as beinl
meritorious one. 1t would certainly
have the effect, If his amendment be
comes part of the Constitution, o
making the courts represent in a muci
higher degree than they do now tn,
judgment passed by the people upor
the acts, measures, merits, and designs
Of whatever might be the competing pc
litical parties in the State.
II there are any valid objections Il
the bill, We should be glad to hay
them stated through our columns.
--.s.-r-------
The Condition of Virginia.