St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-04
MIR LuSTIOE RICK

The GLOBE tenders to Judge Buck its
hearty congratulations and sincere we'll
wishes upon his succession to the SUI
preme bench. A long life OF active
practice at the bar: that mellowed ripe
ness of Judgment which is the gathered
fruit of years of study, reflection and
observations; the attainment of that
good period of our lives when we have
learned to look wider afield than in the
impetuous days of our youth, aud when
reason holds the scale with juster hand,
all fit him well for the discharge of the
duties On which he will now enter.
The expression that was heard among
the lawyer delegates to the convention
which placed his name before the voters
of the state, that 1--WE want some fresh
blood CD the BENCH" expressed, in a
way, feeling that there is something
in long occupation of the bench. as in
other official places, that takes man
out of touch with his fellow men and
surrounds him with an atmosphere OF
officialism that tends to segregate him
from his fellows. Something of the
feeling which the remark expressed is
difference which some, at least. of the
members of the bench assume towards
the lawyer who is presenting his case to
them. He feels that the case is one of
Importance in the principles of law it
carries, in the interests of his client
bound up in it, and. possibly. in the
measure of ad led or diminished reputa-
ton for himself that it will bring,
which should command the attention of
the justices to whom he presents it. 1t
chafes him to have judges turn their
backs on him or give their attention to
other matters while he argues, and he
takes this conduct. causelessly, per-
hapS, as an affront. 1t Is this, also. that
prompts the wish for new blood" on
the bench.
But IN another and a larger sense
does the GLOBE congratulate the state
on the accession of Judge Buck to the
bench of our court of last resort. To
that court there are often committed
questions for decision which call for the
making of law; questions involving
public policy; others which aft ect
the roots of social organization
acts of the legislature which must
be measured not only by the linn
itations imposed by the constitution.
but by those Inherent rights of men "to
life, liberty and the pursuit of happi-
ness" which are none the less fnviOlable
that they are not written in the bill OF
rights. There come grave questions of
the scope of the legitimate pow er of the
state, involving examination into its
rightful and proper purpose of exist
ence, its nature and its limitatio MS.
The GLOBE has heretofore argued
that this renders it the more important
that men should be on the supreme
bench who have the Democratic concep-
ton of state, its nature and uses and
its limitations of power. Particularly is
this necessary now, when new questions
of the exercise of state authority by
Legislatures have come, and conditions
exist which promise to present still
more of them. We have had to comment
on recent instances where men. nomi-
nally Democrats, have shown undemo-
cratic concepts of the state. If this
steady march of state socialism which
the country has been making for twenty
five years is to be stopped and return
made to condition where the powers
of the state are restricted that the
liberties and responsibilities of the citi-
zen may be enlarged. it will have to be
done largely by our courts in their de-
cisions that acts enlarging the interfer-
ence of the state with the freedom of
the citizen are beyoud its rightful use of
power. 1t is for this larger reason that
the GLOBE welcomes Judge Buck to his
new duties.