The times. [volume] (Richmond, Va.) 1890-1903, 1893-11-19
Popular Election of Judges.

Editor Times: Whilst 1 do not always
agree with The Times, L appreciate ie9
! n-anIiness, its ability, and its CONSERVATISM
/ because OF these qualities ana the IN
/ fuence they carry, | ask the reconsidera-
! lion OF your position In reference ~ '''0
popular election OF judges. -.
You ouine that II we can get the Dues
lion ~ fitness. and all the facts, fuliy
before the people, their Judgment Is
| always right. Such is not my observation.
In the analogous case OF Commonwealth $
attorneys. who are now electives, ! nave
noticed that voters are governed chleHy
bv their personal predictions, and pay
little attention to qualifications. 1nus
they often rob the commonwealth OF us
needfm equipoise I'm the courts, with the
inevitable results Of miscarriage and new
trials. Then they d erCUrce the laws
uncertainties and delays, and organize
lvnchfng parties. whilst it is their own
laxitv and self-irdulsCnce in the eNcr-
else OF the franchise which are primarily
10 blame. There is no reason 10 suppose
that judges would be elected on any
other grounds than those which enter INTO
the choice Of attorneys for the Common
wealth.
But grant That ne people elect the
right man: the allimportant question OF
independence remains The judge elect is
to administer the law 10 his constituents
without fear, favor or affection. In ordin-
airy times this system, or any system,
might answer fairly we'll: but it would be
otherwise in those periodical crises which
test the fibre Of the bench. In seasons OF
high excitement, industrial or political,
The Times would in vain lift its voice for
conservatism in vain appeal TO courts
which represented the passions of the
hour, and whose official existence was
at stake.
All the jealous precautions devised 10
secure the independence Of the bench
become futile i'm the face of popular and
periodical elections. The State judiciary
would come 70 hold a position distinctly
inferior 10 the Federal. If deprived Of all
the safeguards to dignity and independ-
cnce which surround the latter. one OF
these is already remol ed I'm the institu-
ton of a term Of years for life tenure.
* would be a long and perilous step in the
same direction, to make our judges d.
rectly dependent on their popularity
The Times holds strongly 10 the. nom
effectiveness Of superintendent Of police.
because they WELD extensive patronage
and because they would be trying their
lines for reelection. Human nature Is the
same in policeman and judge. Might not
the latter also be laying his lines for re-
elecuOns ana IT so, with results fdr more |
mischievous. though i'm a different way?
\ few years before the war. the sys-
tenn Of elective judiciary was introduced |
into Virginia. The personel Of the courts |
underwent little alteration at the outset, |
yet there was a perceptible change. and |
not for the better, in judicial bearing. |
Reconstruction found the new system in |
force. and changed it in order TO enable
the Republicans then in control of the
Legislature 10 grab all the judicial appoint
ments. 4 desperate effort, however /
wresed the Legislature from their grasp;
so that instead Of getting all. they lost all
The change from an elective judiciary
thus accidentally made. is one benefit
lequeathed 10 ms by reconstruction. II is
50 highly valued by most conservatives
hat tHey are willing To endure incoa-
veniences under the present Constitution
'ather than risI, the loss OF this feature
in new one; and they win be sorely
disappointed If The Times gose back on
them
Charlottesville, November 10, 1898.