St. Paul daily globe., 1888-07-31
THE JUDICIARY in POLITICS.
or Course That Is Bad---What an
Attorney Thinks of 1t.

SCC yOu pOuCl VII tliC VI
judges to be elected in the coming cleo
ton in your resume on the political sit
uation in Sundays GLOBE" said law
yer, who is not much given to interest
in political matters. lit is great pity
for justice that judicial electious should
be held in connection with pOllticel
campaigns, for it will present a sad con-
dition of affairs when that branch of the
government shall be reduced to depend
ence upon politicians, who shall hope to
don the ermlne as rewards for political
labor rather than on account of recOg-
niZed fitness for the highest offices in
the land; and it does seem to me that
man who has true appreciation of the
importance and the Sanctlty of the judi
ciol Office should have sufficient patriot
ism to rise out of politics when he is re-
CURED to exercise his choice for this
high position. Most especially should
this be the cas- in the selection of niSi
priuS judges of the state courts.
where no great questions touch
ing the construction of the
national constitution can arise.
In our home courts the litigation is con-
fined almost exclusively to disputes be-
tween the citizens of our own locality
and to the prosecution of Offenses
who sits as the arbiter in such cases
should not be hampered by the intiu-
ences that individuals and politicians
might have in either retaining or dis
missing him from Office. and for this
reason his election should not De de-
pendent upon political caucus or po-
litical influences. 1t is the experience
of every lawyer that men who have
gone upon the bench through other
means than party machinery are by all
odds better judges in every sense than
those who have gained their places
Though party power. / do not think a
lawyer at this bar will take issue with
me upon the truth of this statement, so
far as it applies to the judiciary of this
district. OF course you can not find
man qualified for the Office of judge in
our country who is not to some extent
a party man, but there is great differ
ence in belonging to a party because
one agrees with its general policy and
the main principles advocated by it,
and belonging to it as all active enthusi-
asst and wire puller, capable of seeing
no good in its opposition, and using all
means to advance its success.
81 think l could select an example of
each of these kinds of party men from
the bench in Hennepin county. In the
first. would find a judge who COM
mandS the unqualified esteem and re-
spect of every single member of the bar
in the county, and of the whole COM
munity: a judge whose opinions are re-
spected because of their soundnesS;
whose presiding upon the bench is the
common source of esteem because of his
impartial fairness, his total disregard of
favoritiSm.
''In the other case you have one who
ic ind hn ic
sion to sit upon the bench.
1.-The office is one to which man
should be called. And while worthy of
the highest ambition, it is clear mark
of disqualification for any man to seek
the place. A judge should be strong
man. AS rule, men who seek after
and press themselves for Office are weak.
Though there are exceptions to the rule,
| do not think they are found among
self-constituted candidates for the office
of Judge"
The place now occupied by Fl. G.
Hicks will become vacant, and you ask
if he will be returned to it. | notice
that some party newspapers have been
intimating that there would be no op-
position to his election, but think you
will learn that the wish is father to the
thought that suggests this probability.
No persons but political friends will de-
mand his return. He has not fortified
himself by establishing fitness for the
place in an experience of almost two
years, Notwithstanding he has struggled
vigorously to do so. l do not care to
undertake at this time to point out the
many reasons why he has not popular
lied himself in his novitiation on the
bench. The fact that he has not done
so will indicate them. Yet it is not I'M
likely that he will be put up in some
way by his political friends. Certain it
is he will not be accepted by the Demo-
cratic politicians, from what | can see,
nor by those of the Hennepin county
bar, who want able men upon the
bench.
Of course Judge Lochren will be his
own successor by unanimous consent,
and the only man who would seem to
have clear walk-away into Hicks
place is Seagrave Smith. Hicks would
probably beat any other man but Mr..
Smith. Now is the time to talk plainly
about these matters, and | do not think
it unkind to say of Mr.. Davenport.
whom you mention, that he would have
no show to beat Hicks. While the lat
ter is not strong, it will take strong
man to beat him. Strength, i'll running
for office, is frequently measured by the
OppOSition'S weakness. But this is a
poor rule to go by before convention,
and when your own timber is not noted
for staunchness. Although / am a nov
ice in political matters, l should say
there are not more than two Democrats
in Minneapolis who could beat Hicks for
Judge. That would be Seagrave Smith
Or f. NJ Wilson