The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1886-08-10
Unnecessary Alarm.

Our esteemed contemporary the Green
sille NeWs thought in March that Judge
Cothran would certainly 60 to Congress
i fine desired to go; and that Solicitor
Orr would make q good Judge for the
9Th Circuit. It is now reported that Mr.
Orr does not want to be Judge.
The News in July thinks that Judge
Cothran is making "a very dangerous
precedent in running f"r Congress-. and
that he ought to be acknowledgements
he is Judge.
The News thinks the election of
Judges is taken from the people and
vested in the Legislature in order to Sc
cure the purity of the bench and its
freedom from the influence Of politics.
But the question suggests itself: Is a
Judge elected by the Legislature purer
than if elected by the people Is there
any reason why be should be i? ESident-
" everybody does not think so. The
States Of Missouri, Heyadn, North Car
olina, Indiana, Iowa, Colorado, New
York, and many others. do not think so,
for their Judges arc elected by the poo
Pile. Are not the people as likely to
elect pure Judges as the Legislature :?
If not, then what becomes Of our boast
ed fitness for self-goyernment?
The Governors before the war were
elected by the Legislature. Was tina,
to secure q ''purc'' Executive? The
Commissioners Of Agriculture and the
Superintendent Of the Penitentiary and
the Railroad Commissioners are now
elected by the Legislature. Is that to
keep them 'pure' and "free from the in
fuence of politics"? But the bench should
be kept free from the %''influence o poli.
tics" Is politics so bad ? What is politics
but the science Of government ? Practical
politics is simply self-government.
There is no way uuder the sun to keep
aJudgesor any other officer free from
the influence of politics, unless it be to
have Jadges hereditsry-born SO. Like
kings and emperors. No American cit
ixcn is free from the influence Of politics.
The talk about politics endangerina.the
purity Of the bence is all bosh. Is there
any more danger Of q Judges. showing
partially to any Of the thousand citizens
who would vote for him than there is
that he would be partial to any of the
pne hundred and ffty-nine Legislators
who do now vote for him ? A Judges
name goes before the Legislature every
four years for reelection. But, all. the
Legislators are wise. and good, and pure,
and all thst sort Of thing-there is no
danger that a Judge will be selfish in
the performance of his duty when he
has to 60 before this august and immac-
ulate body but if he goes before the
people for their suffrage, he is seeking
popular applause" Is popular ap-
plause'' any more contemplating or dan
gerous than legislative applause? A
Judge may go before the Legislature
with a much better change of making
combinations than when he goes before
the people. Judge Cothran's name went
before the Legislature in 1881 and again
JIM 1885 for reelection as Judge. There
were no protests then nobody raised .
howl when the question was whether
the Legislature should demand his SCR
vices but when it comes to the ques-
tion whether the people will demand
his services-how jealous some folks
bccome<of the judicial ermine! AS q
Judge, Cothran's name went before the
Legislators for their votes ass Judge,
his name now goes before the people for
their votes. Where is the difference ?
The News sdmits that the purity Of
tthe bench is in no danger from Judge
!Cothran's candidacy ; but "there may
come after him men lacking his strength
and honesty who you'd yield to the
temptation to use their office for their
ends and win popularity at the expense
%Of, justice" Well when such men
come it win be, easy enough to lake care
of them. No man "lacking strength
and honesty can yer point to Judge
sCothran as "a precedent
The very best 'precedsnt" the people
can establish and follow is to elect to
every Office in then gift the man best
htted to fill it.
"The power of electing Judgesis taken
from the people,: but the power-of