The Hawaiian gazette., 1888-02-07

WHEN the public learned that
Chief Justice Judd and Judges Pres
ton and Bickerton had declined to
confirm J. FL. Soper's nomination as
Marshal, it caused considerable sur
prise and naturally led many to be
lieve that there must be something
in Nh. Soper's back record as Mar
shall that could not bear investigation.
Such view was natural when one
considers that the appointment in
question was an executive one in the
orney-Generals department and
only concerned the Court colater-
ally. The average man would there
fore suppose that the Court whose
prestige, like any other Court, de-
ponds upon holding aloof from poll
tics, would not have undertaken a
decided stand against the Govern
ment and produced the public dead
lock of the past week, unless it was
making stand on principle so IN
mistakable and facts so undisputable
as to carry practically the entire pub
lie with them. It is but trite and
threadbare to say that the cardinal
condition upon which Supreme Court
Judges are given such plenary pow
ers, and are exempt from average
criticism above other men and de-
partments of government, and hold
Office for life, is that they shall keep
themselves separate from the Execu-
tive, and history has demonstrated
that when this condition has been
encroached upon, the result has been
that courts invariably sooner or later
unconsciously begin to tinge their
decisions with the partisan feelings
born of politics, and to use the Judicial
power placed in their hands, in trust
for other purposes, to efectuate their
private political convictions, which,
unlike the executive, are as likely to be
contrary to the great weight of pub
lie opinion as to be in accord with it.
The Ministers with majority in the
Legislature, especially within short
time after a general election, are by
all precedent supposed to voice the
weight of public sentiment upon ex-
ecutive acts; while On the other hand,
the political complexion of the Court
is no index as to the complexion of
public sentiment, for the members of
the Court may have been appointed
at times and under political conditions
entirely different from the present,
which is especially true of our Su-
preme Court.
All that has been said above goes
to indicate how natural it was for
men to surmise that there must be
something against Mr.. Soper's char
acter to have led the Judges in ques-
ton to have taken the stand they have
against his appointment. As might
be supposed, Mr.. Soper has been
questioned by his friends, and while
we understand that he is unable to
give the reasons why the Judges in
question refuse to confirm his ap-
pointment, he certainly is of the opin-
ion that it is nothing that they have
against him as a man, and produces a
letter signed by Justices Judd, Nc
Gully and Preston, upon the occasion
of his resignation as Marshal, in
which we understand occurs the fol-
lowing Your retirement is matter
of considerable concern to u.s. Again:
" We have always found you to be
honorable and honest, faithful and
earnest in the discharge of your
duties, and towards US always cour-
teous and obliging.
This letter of the Court effectually
disposes of the surmises against Mr..
Soper as man and leaves the public
mind to ponder as best it can upon
what objection the Judges in question
can have to man who, to use their
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