The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-07-15
Semethiss About the Character Of Penn.
sylvanla's Supreme Court,
n HAS PROVED A SAFE TRIBUNAL
The Worst Scandal in Its Recent His.
tory Concerned the Finding of, Q
Pocketbook Full of Passes Belong.
ing to One of Its Members.
"Penn," in Philad adelphia Bulletin.

mas deem regarded as q safe and re-
spectacle court rather than as one made
up Of jurists of the first rank. Indeed,
II has not been uncommon to hear some
lawyers express a mild feeling OF con-
tempt for the learning and judicial acu-
men Of one or two Of the present men,
bers of the court. 1t is probable. how
ever, that there has been no time when
there have not been q similar propor-
tion OF such judges on the Supreme
bench. They always are obliged to suf-
fer the additional disadvantage of be-
ing held up for comparison with some
of the great judges who have gone be-
fore them. In the legal profession the
names of such Pennsylvania jurists as
John Bannister Gibson, jeremiah s.
Black and George Sharswood, three Of
the strongest legal minds that have
graced and strengthened that tribunal,
are looked upon as standards of in
tegrity, learning and judicial capacity
Compared with such men, II Is probable
that thr. 'our of the present Su-
preme court judges would not be raised
IN the public estimation. Yet 1t must
be said that the Supreme court of this
state has for some time past beeen free
from any serious criticism on the score
Of personal worth.
Il /
Although the judges are selected by
political conventions. 1t may be said
that most Of them keep out Of politics.
and that they are much less under the
influence Of politicians than IL common
ly supposed. 1t has been q long time
since any Of them has been accused
Of making q decision for purely pollti-
cal purposes In fact. only one of the
present occupants OF the bench has ever
been involved in such q suspioion- With
= term Of twenty -one years befoEo HIM
which practically amounts to life SER
vice, a Judge Of the Supreme court has
little, cause for servile fear Of party
masters. Even those judges who were
originally closest to the politicians have
not lowered their credit with the bar on
that account. A noticeable example Of
this fact is to be found in the case Of
Chief Justice Sterrett, Of Allegheny. He
was defeated as q candidate for Su-
preme Judge In the general reverse
the autumn Of 1877. 1t was then a COM
mon allegation that his intimacy with
politicians would impair his usefulness.
But q year or two later. when Judge
Sterrett was vindicated by an election
70 q term which will not expire to the
year 1S00 he quietly took his seat in the
court, and has since made an excellent
impression on the minds Of the law
yers who have practiced before him.
\ H \
It Is a remarkable fact that, with but
one exception, there has been no Judge
reelected to the Supreme bench in the
past forty years, even during the time
when the term Of service was but ff-
teen years. Several times have Judges
asked for reelection. but for the last
thirty.hve years they have been uni.
forrnly defeated. Among these were
Walter H. Lowrie. James Thompson
and Daniel Agnew. William A. Porter
and Henry w. Williams, Of Pittsburg
(nof the Judge Of the same name from
Tioga county,. and James P. Sterrett
were also defeated after they had been
appointed by the governor to fill va
-. \ II \
II Is also seldom that any judge Of
The Supreme court has ever reached
higher position. The only conspicuous
exceptions to the rule were jeremiah s.
Black, who became Buchanan's attor-
Ney general, and William Strong. who
was raised to the Supreme bench of the
United States by President Grant.
Those that have had political aspira-
tions have almost Invariably failed in
Il
once persuaded George W. Woodward
to become their candidate for governor.
but hs was defeated by Curtin. The
venerable Daniel Agnew. when his term
expired In 1878. foolishly imagined that
he was strong with the people, and that
he might become governor or senator.
Judge Mercur was also strongly i'm
pressed with the idea that he might
re. made a candidate for governor up
10 the time that the leaders decided to
give General Beaver chance for vim
dication. The most resolute Of the Su-
pFeme judges In putting aside political
honors was Judge Turnkey, who, II he
had consented to say the word, would
have been the candidate Of the Demo.
cratic party for governor In 1882, in
stead Of Pattison. The firmness with
which Judge Turnkey acted on that
occasion was lesson to every Supreme
court Judge who may be tempted to
enter the arena Of political strife. Since |
The Judges have been elected for a term |
of twenty-one years of service, the |
tendency Of the members OF the cour, |
has been to feel that they have been |
Iec apart and consecrated for the judi |
cial service, and that the only avenue
u distinction before them IL that which |
eads to the Supreme court of the Unit |
ID States.
tn
II has often been said that the selec-
ion Of these Judges by political conven-
ion IL injurious to the character Of the |
upreme court Yet 1t will be found that
n character, in attainments and in ex- |
'ellence in service the Judges who have
been chosen by the people since the |
Elective system was adopted In 1851, rank |
u high as could be expected from any |
'ther system Of selection. II we may
udge at this late day from the average
equation Of the supreme court Judges
hat were appointed by the governors,
ssSsS ~ io ACdbVh WY thACoC Vi Tie l0EI 1
fhrty-seven years should shrink from
! comparison. After all that may be
aid Of political conventions. It 10 seldom |
hat an UNIT name for the Supreme
'mch 10 allowed to 90 before them.
II II
The most serious charge and the one
'ot without some ground here and there
or ftantf6nnffon ia that The 0ssos,~>>
ourt u susceptible 60 the influence Of I
separations The railroad interests In
'articular have for many yeap endsav.
'rsd To have . voice IN the selection q |
udgee and sometimes have succeeded
rhe power. social, olnctal and other
wise. which may be thus moved in in
Iuencing the judges b insidious and far
eachiug. Nevertheless It 10 q long
mile since any deciaion Of the Supreme
sort affecting these interests has been