The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-04-17


eunmonwssIfhs foIzoutnx o. prne1Sce
I ma othexs following sno<hxr Shows
th4t arKuxa<ufa have been addneed
snfzcisntIy strong ia 0us p1bce % -
tablish courts elected b. ths psopae
md convincing enough II a,other to
result ID TIE approval 81 cDurts zF'-
pointed by she executive
Were the question 70 - siscided BY
nnmiers. and shoaId re fadIow the
course Of the majority Of tie states,
our Judiciary wouid Be cue elected by
popular yote. The elective judiciary
system has been adopted in The con-
stitnlfons q AIabama. Arkansas, Cali-
fornIs, Colorado. IiIinoIs. Indiana,
iowa, Kansas. Kentucky. Maryland.
Michigan, Minnesota. Missouri. Me-
braska. Nevada, New York. North
Carolina. Ohio. Oregon. Pennsylvania,
Tennessee. West Virginia. Wis
consin, and by the new con-
stisufion Of lss5 Florida has
substituted the elective system for
that Of executive government On the
other aand. judges are appointed By
the governor and executive council In
Maine. yew Hampshire and Massa-
chusetts. BY the governor and senate
In Mississippi and New Jersey. and the
supreme court judges By the govern
ment and senate In Louisian. In
Maryland the governor and senate APP
point only the police justices. Georgia.
Rhode Island and Virginia eiect their
judiciaries by joint ballot Of the legis-
iature. Sew Jersey also adopts this
method OF selection for Judges In the
court ct common pleas. and south
Carolina for the judges Of the higher
courts
1t will be seen that large majority
Of the states prefers the elective sys-
tenn and..the new commonvealths have,
without exception, OF late years,
adopted this plan in the arrangement
OF their judiciary system. The favor
ite argument Is that II III more in
accord with our Republican form OF
government. and that the people are
~ well qualified 10 decide upon the
question Of their judiciary's make up
as they are upon the question OF filing
the Offices In the executive and Iegis-
Iative departments. To this there is
no answer. Undoubtedly the elective
system Is more in harmony with the
American idea of Tree government.
and its adoption means ordinarily that
the people believe equal and exact
justice can be dealt out by bench
the members Of which are selected by
a majority Of the qualified voters Of
the commonwealth, and that q people
with a government republican in form
could ask for no better interpreters Of
| the law.
Advocacy of judiciary appointed
by the executive Is based on tbs
ground that such system Is likely to
offer better, purer and stronger adj
ministration Of justice than any other.
and that the dangers to be appre-
hended from IL are less than from the
system OF election by popular vote.
Certainly the expounding of the law
by the courts Of Maine. New Hamp-
shire and Massachusetts, has been
characterized by the display OF as
much learning. research and legal acu-
men as can be found in the reports OF
any other states in the Union; in fact,
the opinions of Massachusetts courts
stand as high AS. II not higher than
those Of any other American common
wealth. II has been well said that
politics cannot be too far removed
from the bench. II a judgeship once
becomes political Office, there is q
scramble for Il. and too often the posi-
ton is apt 10 be obtained. not because
OF honesty, integrity and legal ability
but because Of superior adroitness IN
dealing, dickering and professional
wirepIsiing. Then the politicians die
tate as 10 who shall interpret the laws
and those best fitted to wear the Judi
oial ermine will hesitate long befors
STOPPING to drag 1t through the uire
of political campaign.
| II 1t is provided that an executive
cannot remove judge after appoint
ling him, there Is surety Tor jndicia
individuality, and If confirmation I,
an appointment is required from al
executive council or a state senate
there is fair guarantee of unworth,
appointments being thrown aside. In
truth. the whole question Is one o
probabilities; as to whether judges
the most upright and impartial, ear
be more easily secured In The midst @
the turmoil and strife Of party prim
aries and conventions. OF through
slow and deliberate consideration and
final selection by u responsible chic
magistrate The majority OF states
have favored the former method a
preferable. even with It's obviou
faults. because il keeps the judiciar,
close TO the people. We imagine tina
the people Of Washington will feel en-
tisely competent TO select their owl
judges as well rs other state officials.
MRS. MACKAy AND THE rRlNcF