St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-04
A NoN-PARTIsAN JUDICIARY.


The Democrats, or rather the Demo
cratic lawyers, in Southern Minnesota,
are circulating petition asking Demo
Gratis to vote for Judge Start, who has
the Republican nomination for chief
justice Of the supreme court. This Is
put on the ground that the Judiciary
should be kept aloof from politics.
Democrats have heretofore been ap-
pealed to by Republicans to take this
so-called 'high ground" most often
with success; and they have seen their
action reQuited by Republican conven-
tons, and by Republican governors to
whom came chance to appoint judges.
by reputation of their high ground
and quick descent TO the level of their
partisanry.
The Democrats, both of this state and
the nation. have had illustrations enough
to convince dolt that this talk ofJudges
being nou.partiSan is without sense, and
that it is just as important to have
judges OH the bench who have Demo.
cratic principles. with Democratic con-
cepts of the functions of nation and a
state, as it is to have Democrats in the
other coordinate branches of the gov
eminent. 1t was old John Marshall,
aristocrat and staunch paternalist, dis
trusting the people, believing in the
efficacy of government only when adj
ministered by men Of his belief, who
fastened on this nation the p ,ternalism
of Federalism. 1t was he who Shackled
the legislative powers of the nation and
the states TO the corporations by his de-
cision in the Dartmouth college case,
holding that corporation created by
q legislative act became superior TO its
creator, and perpetually shielded be.
hind the contract clause OF the federal
constitution. 1t was bench of federal
supreme judges who divided on party
lines to retain in power party the
voters had rejected in 1876.
Between Democracy and paternalism
and the men who support paternalism
that they may derive some privilege
out of which they may extract
gain. there is radical and ansag-
oniStic conception of what state is
what lis limits of power are; whit its
regards the state as having but little
more use than the exercise of those
police powers which protect each citi-
zen in the enjoyment of the largest
measure of freedom compatible with a
similar enjoyment by his fellows. 1t
believes in local self-government, put
ting on the separate communities the
duty with the responsibility of regulat-
ing their own affairs within the limits of
free action of the citizen. Paternalism
regards a state as sovereignty whose
absolute powers have only such limita-
tions as are imposed by constitution
that there are no rights inherent in
citizenship save as they are defined in
the constitution. That save as TO those.
the freedom of the individual is at the
mercy of the discretion Of legislature.
The Democrat behave that all powers
not expressly granted to the legislature
are reserved to the people; the paternal-
list believes that all power not expressly
withheld in the constitution belongs to
the legislature. The one magnifies the
individual and minimizes the state, the
other magnifies the state and minimizes
the man.
1t is this that makes sentimental nom
sense of this talk of ignoring politics in
selecting judges. 1t is this considera-
ton that makes Republicans utilize
every opportunity to get judges holding
their ideas of the state, and it is this
that should make Democrats insistent
on having men Of their political faith
on the bench, so that when questions
come up, as they have come and PROM
Use to come now more and more fire.
quently, involving the rightful powers
of state, the decision will be in har.
mony with Democratic conceptions of
the functions and powers of the state.
We do not know more Of Judge Start
than that he is a Republican of the
strlctest sect, and that is sufficient
reason why no Democrat should vote
for him. We do not mean that any Judge
is consciously and purposely parti-
san; that he would decide case for the
contestant with whom he was in party
affiliation: but we do mean that, when
the larger and more far-reaching ques
ton came whether an act Of the legiSla.
ture were legitimate use of the power
of the state, he would be insensibly and
inevitably biased in his decision by his
prior conceptions of what a state is
organized for.