Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-24

Is ii not plain that Judges cannot be IN
dependent if the tenure of their Offices de-
ponds upon popular favor? For even II
we say that the popular feeling is a desir-
able "rule of action, IL an exceedingly
difficult one TO interpret correctly. Hosts
of so-styled statesmen and legislators have
ruined themselves because they have mis-
taken the feeling of the people in regard TO
the questions upon which they were TO act.
and there is no reason to suppose that
Judges would be more successful. More
over, popular feeling is exceedingly change
able, and it is easily warped by class inter.
ests and subject to artificial stimulus, alas
too easily administered by those whose in
terest il is TO do so. But independent of
these considerations, popular feeling is not
q desirable rule of action for q Court TO
follow. 1t means the feeling Of the major
ity, and leaves entirely out Of account the
rights Of the minority, which latter, under
our system, it is mainly the function of the
Courts to protect.
An Independent judiciary can never,
under any system of government. be Sc
cured if the Judges can be turned out at
moments notice whenever they have rem
iered q decision which powerful interest
dislikes, or their places put in peril when
sOever the legislative and the executive
branches of the Government may chance
to assume the law to be different from what
the Courts have pronounced it to be. We
submit it is obvious that If one supposed
public emergency can warrant the cxpul-
sion of the Judges another one can, and the
result would be such insecurity in the ten
ure of their Office, and such uncertainty as
to property rights based on previous decis-
ions. as to eventuate in the direst confusion.
and in the practical destruction of the in
dietary as a co ordinate branch of the Gov
eminent.
Besides, it must be recollected that the
class that leads the attack to-day may have
to defend itself tomorrow. At one time
the danger is that powerful corporations get
control of affairs and levy cruel tribute
upon the community at another, il is that
large masses Of the people become so CALLED
by the oppression that they seek to accom-
piish things which are a menace TO all
forms of property and to society itself The
great safeguard is an upright and independ-
ent Judiciary. To say that this safeguard
is to be broken down when one side or the
otker gets the upper hand, is going long
way toward saying there is no longer to be
a reign of law; for there is little difference
between the Anarchist PLATFORM We hate
all law and will oyerturn itn-and the
platform which demands that judicial de-
cisions must be rendered obedient TO the
assumed popular feeling OF the time.
Such a prospect is opened up to Us by
what is now proposed, and the vista is sim
ply shocking to every one who loves his
country and his kind. We by no means
impute TO the Governor any desire to bring
about such a state of things, but we do
assert that such state of things is so likely
to result as must give you pause. We call
upon you earnestly, and as men jealous for
the public good, to take no step upon the
road pointed out TO you by the Executive
finger-a road which can lead to nothing
but evil.
If removal in such cases be sought to be
justified upon the ground that every de-
cision of Court should be such as to be
in accord with the wishes or the impress
sions of majority of the people, then the
only alternative is to abolish the Courts en-
tirely and submit all controversies to a
popular vote.
Under no circumstances whatever can a
change in Court be justified merely because
il is thought by few or by many that the
Court has decided wrong. Society can not
afford to pay such price for reversals Of