The Louisiana populist. [volume] (Natchitoches, Natchitoches Parish, La.) 1894-1898, 1895-01-11

the legislatures. If the life tenure
principle was so indispensable how
does it happen that it was not ap-
piled to the state judges9 1t would
seem to be as necessary in the one
case as the other, and even more
so, as the state judiciary far out
numbers the federal, and deals
with a much wider range of causes
both civil and criminal. Latterly,
though, a suspicion seems to have
entered the popular mind that after
all the life tenure idea may not be
so sacred a safeguard as had been
supposed. For 60 years after the
Inauguration of the government
the people regarded the United
States supreme court with almost
superstitious reverence. Their de-
cisions were received as the DEGREES
of an infallible tribunal, their per-
sonality was endowed with an awe
inspiring sancity, and even their
individual or ''obiter dictum" out
givings were received with the res
pect formerly bestowed upon the
prophecies of the Delphic oracle.
The first rude shock that broke
this delusion was the action of the
electoral commission in '76. The
people then saw the grave and i'm
maculate judges, in the decicion of
questions purely legal, dividing
strictly on party lines with as
much facility and promptness as
ordinary heelers obeying caucus
decree. 1t was found that even
judges for life were still men and
nothing 10th to "give up to party
what was meant for mankind. "
Other events that have transpired
since then have still farther streng-
thened the opinion that something
more than salary for life without
fear of removal is necessary to
prevent judges from becoming. or
rather remaining, both partisans
and pettifoggers. We realize
now that we have no effectual
check and practically no control
over the men who are clothed with
such tremendous power and infu-
ence. 1t is true that a remedy by
impeachment is provided by the
constitution but for all practical
purposes it might as well have been
omitted. In all our history only
one Judge has been impeached and
he was acquitted though clearly
proven guilty, The proceeding is
imposing and ponderous but utter
ly worthless as a method of remov-
al. The impeachment cannot be
obtained except from a house full
of partisans, nor tried except by a
senate composed of other parti-
sans. If of the same political faith
as the accused judge, no impeach
ment can be obtained. If of ops
posite belief their action will be
discredited in advance by suspic-
ion of badness of motive. So by
general consent impeachment has
long since been abandoned and no
judge is in danger OF being called
before the senate for a less crime
than murder or highway robbery.
The only remedy therefore is to
change the constitution and elect
the federal judges by popular vote.
Whatever may be the evils, real or
supposed, connected with an cleo
tive judiciary it is plain that they
are to be preferred to those which
exist in spite of the prevalence of
the opposite system. The unjust
Judge, admittedly the greatest of
all public evils, can at least be
reached IN time by the elective
process, while the appointive ju-
dietary, as we have shown, is upon
us indefinitely during both good
and bad behavior. The people
made a great mistake in surren-
dering all their power over them
and it should be recalled if posi-