St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-09-05
JUDICIAL FUSION.


convention today to secu an mdorse-
ment of Judge Start. the Republican
nominee for chief justice. This will be
made OIL the ground that the judiciary
should be kept free from partisan con-
tact. There will be some ford remarks
about dragging the judicial ernine Ill
the mire of politics. A non-partisah
judiciary will be held up as a vital
necessity if liberty is to be kept pure.
There will be a lot of other rot OF the
same kind poured out on the convention
by speakers who are swayed by sentl-
meni instead of by facts and common
sense.
We have made our protest against
this, and we repeat it now. IL is non-
sense to say that the judiciary must be
removed from politics in order that
partisan considerations may not IN
tluence their decisions in ordinary litl-
CATION. No one has so low an opinion
of the Judges as to think that the fact
that litgant was of the same political
faith as the Judge would make the latter
more indulgent to him, or that he would
touch the judicial balance to Incline 1t
10 the side of his fellow partisan. 1t is
not at all in the ordinary litigation that
the partisan bias of the judge becomes
serious matter. 1t is i'll those deeper
questions that are Fundamental in the
state-auestions more liable to arise
now than ever before in this conflict of
collectivism against Notwithstanding
lie the reasons making it of very serious
moment to which OF the two classes or
thought the judge inclines.
When the question comes up for de-
cision whether the state has invaded
the inherent rights of the citizen, and
thus exceeded its constitutional func-
tions, the Republican Judge will uncOn-
sciously and unavoidably take the view
that there are no limits to the Interior
ence of the state save as Its powers are
circumscribed in the written c0nstitu-
ton. To him the state is the absolute
sovereign, with no limits to its powers
except those to be found in the constitu-
ton. Tho Democratic judge, ii he
know:why he is Democrat. if lie have
not been surrounded so long with pater-
nalistic associations to have lost his
sense of the basic differences of pater-
nalism and democracy. will recognize
the truth that there are rights of men
superior to legislatures, even II those
rights are not guaranteed in cOnstitu-
lions. The advance of state socialism,
which means nothing more than trans
fer of individual liberty to the state,
threatens society with its vision airy
s.,
lance that men sit on the bench of the
court of last resort who believe that the
Legitimate functions of the state are
limited in number and should not be III
creased.
There is another aspect of the case.
There will be IN the convention num-
DER of delegates either instructed by
their conventions to indorse the Popu-
lists or believing that that is the polite
course. The majority of the conven-
ton, we are convinced. will oppose this.
But with what grace can any Democrat
denounce fusion with POpulist gov.
ernor and in the same breath advocate
it with Republican judge? Ii the con-
yention break down the barrier Of party
organization in one direction, how can
it hope to keep it up III another? If
Judge Start is Endorsed. it will be a
declaration to the Democrats OF the
state that rejection OF PopulIst fusion
is humbug ana farce, and 1t will
be taken by multitudes of them as a
release from their obligation TO sup
port the state ticket. 1t will be saying
to them, go RS you please" Speaking
candidly and advsedly, we can see but
! little difference between indorsing a
Republican judge or Poputist gov.
ernor; and OF the two the latter is
least offensive to any true Democrat.
because tho power to injure Democracy
is vastly greater in the judge than
| in the governor.
There is another phase which should
influence Democrats, and that is the
uniformly cavalier treatment they have
always received from the Republicans.
The latter lave always been whining