The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-04-12

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10 rHs EDfroa In compayiHx viii
your reqn<sx, fkat give Through ycu
ournai my views ~ 10 the best p1&s
q system 81 eiyfl courts 70 b pro
vfded fgr the state a Wa1hinkton,
procesa nth no little hesitation. b.
csus<. frst. although for snany year,
have had frequent occasion - ap
pssr In the courts ~ the Territory,
hare not held that intimste and con
tInuous reIstion with them Or theii
procedure which. ~ Is we're. sassrxtes
ONES nind with the spirls al the ir*ti-
tntions Of country in which he lives
Tor long time: and fully realize thai
The best preparation 70 speak Of Whist
ought 70 be-. IN matters Of
this nature, ii . thorough Ia
miIiar1ts with what -: and because.
second. the subject presents for con.
alteration questions 80 various and
aeIirate thst one must he rash indeed
IL not reckless. Who can approach Is
without feeiisg that any conclusion II
which he may arrive will be. 1t best
tentative and subject 70 revision. and
probably 70 revisai. upon further de-
liberation.
However, - the time approaches
when the people OF this terrIfoYy are
10 ordAis ! constitution which shall he
their fundamental Law and the con-
elusive standard 10 which AL other
laws must conform. the thoughts OF
III who ~ any time study che welfare
If society naturally turn with solici-
trde 10 the question. What shall be
ordained In this permanent charter of
the state concerning the means and
methods ol administering Justice
Notwithstanding the numerous pre-
eesients Afforded by constitutions Of
states already In the Union, and the
light which experience has shed upon
the question Of their practical value
Ii seems TO me there Is still
occasion for earnest. II not anx-
ieus, thought: and | have been
m interested and appreeiatiye
reader Of the suggestions Of Judge
Jacobs and others OF the bar whose
Judgment on the subject ought 70 be
and viii be Influential. The preee-
dents furnished by the constitutions Of
the several states are not alike. Ali
seeking the same rcsuff--a thoroughly
adequate and Just administration of
the laws--tbey differ widely amongst
themselves in respect OF the organiza-
ton Of the courts as means to that
end. Alike in purpose, there IL dis
similarity on every hand - to the way
Of accomplishing that purpose: and
al Of them. believe, differ IN essential
particulars from the plan adopted for
the whole country, In the federal con-
stitufiCn.
The judicial system Of the federal
government was formed upon model
which descended 20 Us from our Eng
Iish ancestors. and the character thus
impressed upen il. though modified
somewhat, has not disappeared. The
judges are appointed By the executive
head of the government. with the con-
currencc OF the least popular and most
conservative branch OF the national
Legislators, and bold their Offices dur
ing good kehayior--commo called
life tenure. The Justices OF the
supreme court, 1t stated terms, pre-
side over the circuit court. and there
decide causes - courts of original
jurisdiction! They sit as judges at
sisi psiss tss that phrase is commonly
used nowadaysl, hearing causes In
their FIRST stages. and also as Justices
Of the supreme court IN bassr, exsr-
cising revisory jurisdiction over the
decisions Of the same aisf psias
courts In slightly modified f3rm
this IL the territorial system also, with
which the people OF Washington are
familiar II was the early SYSTEM In
aany Of the states. Our nearest
neighhor, Oregon. gave IL up as late as
1874
Whatever differences exist In other
respects, there i now suhstantia!
unanimity upon the proposition fhat
executive appointment ct judges. the
life tenure, and the yesting OF the
functions Of both original and appel
late jurisdiction In the same Justices.
must he discarded: the first aud sec
ond rs inconsistent with the spirit al
republican government. the last rs
suanifestly Objectionable in principle
and ineonvenient in practice. II has
come 10 be the recognized. and prob.
ably irreyersihIe, decision OF the
American re~-s'a that election oil
5uakss " fs. .a.4F vote. their tenure
emily fer hxed and definite
term OF years. and the
vesting OF revisory jurisdiction in
courts not composed of judges OF the
courts of original jurisdiction. are log.
ically necessary to the best realization
OF republican government A dis
finguished lawyer converting with 4
gentleman wha had considered this
subject pretty thoroughly, remarked
that In his opinion the abandonment
Of the old system Was very unfortu
nate that when the Judges were ap
pointed by the executive and held of
ice FOR lie, that IL. during good behav
Tor. an ahicr and more Independent
Judiciary was secured, and the Law.
we're consequently better interpreted
lawyers yiew of IL, = replied his inter
iocntor. aud possibly L Is correct
though doubt H. Al all events, cor
rect or incorrect. IL is immaieriaI. fol
the people Of this republic have con
eluded that their courts oil Justice ars
of sufficient Importance u var
rant their being brought In.
10 conformity gith republican
institutions; and shey are not geln,
Ia allow anybody hereafter 10 forcs
upon hem hotter judge than thes
think they nesl.' That reply contain,
the entire philosophy OF the situation
For better or for worse, the elecfiv,
Judiciary, the definite term OF office
and a separate class OF Judges for th,
appellate court. are 90 form the basi
of the state courts. Meme OF th.
recent constitutions retain the Oh,
system. aud II has gone cut nf most O
earlier ones. In Maine. New Hamp
shire, Massachusetts, and New Ierse,
the governor still appoints the iusticp'
OF the supreme court. subject 90 con
hrnAtien or rejection hy the senate
and in Delaware the governor appoint
ali the judges, rs well those OF IN,
courts OF original - these ut reylsor,
jurisdiction. In Vermont and Con
necticet the Justices OF the sapresn,
court are elcsted BY the legislature. A
H. che tenure II osiice. only threl
states. 20 far as I ana Informed
adhere To- the tie tenure for any u
their judges. and only enc Iselaw ar,
applies Il IA ANY bias those of IN
supreme court. In Vermont tn
term ot Justice Of the supreme eoaf
u one year ia Ohio IL is i've yeare il
Wisconsin. towa, Kansas and oregs,s,
six. in Maine. New Jersey Indian
and Minnesota. seven sn Connection
and Michigan. eight. IN Illinois. nine
in Maryland and California. tsn
ia Pennsylvania ,twsnts etc coupled
under the rev constitution. wit
49, - 4