The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-20
4 DAxsEkous POWER


The constitutional convention has
smended the Article reported from the
committee on Judiciary In . fnsnner
which is not altogether to be APP
proved. The amendment adds - tsss
clause fixing the number Of judges Of
the supreme conrt the sentence. The
legislature may increase the nssssss<r
Of judges of the supreme cosrt from
time 10 time
This IL apparently harmless. the in
tention evidently being that The legis-
lature may increase the number Of
judges as the growth Of the state ard
The consequent increase 81 business
renders such increase necessary. A
moments reflection. however. siH
convince one that 70 grant this power
10 the legislature is both unnecessary
and dangerous. Its unnecessary be-
cause a supreme court IT I've judges -
- large one as The state viii rsgsire
for generations. There sre few states
In the Union whose supreme courts
consist OF more than Eve jsidgcs. assd
the supreme courts Of many OF the
states consist Of only three. II I've
judges are sufficient for the supreme
courts OF states whose inhabitants are
Numbered 10y the miilion, there Is esr-
fainly no sufficient reason for IFoysd-
ing for the increase al,oTe tfsa; narn-
Der Of the judges Of the sufgssne court
of Washington.
But the grant 81 this power 20 the
legislature Is not merely useless. II
unaecompanied by restrictions i u
extremely dangerous. II places The
supreme court completely AZ TIE mercy
OF the legislature and gives psrty
majority in the legislature tie loser
to pack the court at IL VIII aud 10
overiurn any decision that may not be
In accordance with it, views.
Let us suppose a ease. The Demo
Gratis have majority in the lesisla-
turs and desire 20 enact legislation
which they have reason 10 believe the
supreme court viii hold 10 be uneon-
stitntional. II they believe that they
can count on the support OF two Of The
judges, they can easily raise the mum
Der Of Judges composing the court to
seven. Providing for an early election
10 fill these places. they can force the
election Of two judges whom they
will be able TO control. and by the time
the questionable laws reach the SUI
preme court there Will be q carefully
packed bench 10 affirm their eonstito.
tionality or TO do anything else tina;
the party leaders may dictate.
II may be urged that tie case sup
posed Is very improbable one and
that the danger Of misuse of the
power thus granite 70 the legislature
slight The case is not improbable.
Such things have been done. anil such
things will be done again II may as
well be understood that any power
granted 10 the legislature viii be used
for partisan purposes sooner or later.
and this power Is not iess Liable "a be
30 used than any other. II would lie
simple matter to increase the NUN
Der OF judges composing the court ard
TO elect TO the new judgeShlps men
who would 10 on the bench for spe-
ciiir purpose. 4 party with working
majority in the legislature and Ia the
state could carry cut the programme
outlined without serious difficulty.
1t Is dangerous thing % place il,
within the power Of any party tower
ride the constitution. and that the
constitution can be- oyerFidden when
the legislature has power 10 increase
the number Of the judges of the su.
prene court al will. Is too plain to be
disputed. The supreme court should
be absolutely independent and should
be a. free from party politics a. IL Is
possible for any Judicial body 10 he.
The number of judges should be fixed
by the constitution, and the Iegisls
ture should have no power either To
increase OF Ia diminish II.
II II to be hoped that the members
oi the convention wiIl not consider
that they have gone too far in this
matter for them 10 retrace their steps
Ii would certainly be dangerous
thing 10 give the legislature the power