Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-28
As our government in nnuci. of its funda-

As our government in much OF It's funda-
mental structure descended 10 us from our
English ancestors we may aEord to amend it
where it needs amendment by the experience
of the mother country England has found 1t
necessary to change a number OF things within
the last hundred years or so. One Of these
changes affects the composition OF the House
Of Commons Before l770 contested elections
were decided by majority OF the whole House.
Not finding this plan convenient eommitte oil
elections was afterward formed by selection OF
the House. In ISi5 1T was decided TO give the
power of choice of this committee, subject to
the approval of the House, to the Speaker,
supposed to he non-partisan o1ieer.
When this new plan bad been tried twenty
years it was seen that the element of pArtiza;.-
ism had not yet been eliminated. The whole
procedure was then reversed After some debate
it was determined that the right to seats In the
Commons must be tried by judges Of the three
great courts of law, one judge without jury
sitting in each case, and certifying the decision
to the speaker. 1t il said that the
plan has worked well, that the judges
have rendered impartial decisions and
that the House has been free to
20 with other business. distinct gain has
resulted in the temper of tie body which, re-
lieved from party tension in settling such dis
putes, is all the cooler for other work. Tho
English system is recommended to Congress.
The subject is one worthy of careful considera-
ton. But both sides ought TO be heard.
Opposed to the view presented above. the view
of the friends of judicial decisions. is the con-
tention of those who say that the circumstances
are entirely different in the two countries. These
opponents Of the proposed change hold that as
the English courts are not constituted on even
n semi-popuIar basis the judges are and can
well afford to be strictly bipartisan, while the
judges Of the United States are appointed
usually for political reasons, and however
fair-minded and able can not get away from
political prejudice in the settlement Of matters
that so purely relate to politics as the
decision of contested election cases. There
may be something in this argument,
but to many minds it is oTerborne
BY consideration Of the general fairness of the
federal judges. At first the system might work
10 a certain extent as the enemies Of the reform
apprehend. the influence Of the present method
and spirit Of treating such cases still continu-
ing. But is it not reasonable to suppose that
time would bring substantial impartiality in
decision, especially il precautions were taken
by statute to secure a tribunal for the trial OF
such cases which would give the most promise
Of indifference to political influence? Tho situ-
alton could not at the worst be by any posi-
bility as bad as at present The most potent |
contention against the change is that which |
affirms injury to the character Of the court |
trying the causes. As that has not resulted in |
England and would have less and less effect |
here Il may not be regarded as an irsuperebls |
objection, though it is undoubtedly q serious |
one, to be carefully guarded against and |
Avoided as far as possible. The manifest in
Justice and cost of the present system render |
soms change desirable. The SD Congress may |
well address itself to the subject, burdened as
h will be with multiplicity of questions of |
great importance to the people.