The times. [volume] (Richmond, Va.) 1890-1903, 1896-09-20

make tho constitutions Il Is proper 70
say that in the United States the people
themselves directly or indirectly CHov1so
an the public servants hchuuinP ~
Jndges OF all courts. win Two hl. .,,o
or eection I'm operation IL is not sltthib'
tndt there should be continual con-.
parison between the two systems: ~
there any reason why tederh JUICES
should DO appointed and state JUDGES
elected, and II not, which method OF ~"
lection should be adOpted2"
Ihen follow "A few commonplace re-
marks as TO the characteristics when
We should desire in an ideal Judge ane
TINS IDEAL. He lays stress upon the ne,
cessity Of intelligence on the bench, ana
emphasizes The magnitude Of the power
which Is vested in our judges. lie
speaks OF The desirability OF judicial hon
esty and neral courage, and insists that
IL requires the highest form OF courage
IN judge 10 be absolutely impartial.
Tho most difficult thing 20 De- cOltcnded
with in a Judge, i'm his opinion. is bias
III va concede the existence OF bias
or prejudice IN judge the question arises
now can that be met and overcome
There is but one WAY. and that way rs
found In a method of election which VIII.
IN tho first instance enable the people
TO select judge whose sympathies are
with the masses of the people rather
than with any particular class OF people.
him n his conduct upon the bench is
not satisfactory. 4 judicial officer is aa
much servant Of the people as is au
executive officer or a lceisiatOr All pub
lie officials are either servants or mas
tcr'. II they are servants 10 ought 10
be within the power OF the master 60 SCI
iect and 20 punish. III n judge is APP.
pointed for life the people are subjected
10 two dangers. In the first place. the
appointing power may select "a judicial
officer whom the people have no conf
Qcnce 10, and who may have no respect
for those whom he is 10 serve. I'm The
second place. even if the appointing pow
or selects good man, entire freedom
from restraint because Impeachment is
so difficult that the fear Of 70 is scarce
a restraint may lead him 10 consider his
own welfare. above the welfare OF those
who employ him.
In Nebraska We have n Constitution
which provides for the selection ot all
Judges by n popular vote, and any ate
tempt % change the method OF selecting
would meet with almost unanimous Oppo-
stiOu.
do the people OF Nebraska favor the
election Of their judges at home. and stu
believe In the wisdom or vesiine in the
President OF the United states the pow
er 20 appoint an Federal judges? lis the
power OF appointment the safer the fur
Their 10 U.s. removed from the people,
rs judge appointed by President
more apt % be satisfactory than a Judge
tAi|'tAtAN'A ~ ~ NfAf Ni lANA Ut w NlIr NNAIl-
~ commissioners Certainly If there is
any difference the power of appointment
could De more safely intrustod % an off
fcer close 10 the people than 10 the Of
ncor furtEes- removed from the voters.
''lhe WorlC-Ierald fay0rs the adoption
az constitutional amendment providing
for tho election OF an Federal Judges by
popular vote In the districts over which
they preside.
"Alachrery however. is OF no value
until &c is set Ia motion by intelligence.
and SO the machinery of government.
though ever 50 perfect rs or no advantage
unless 10 is guided and controlled bv those
from whose consent AN just governments
oerlrs their powers. namely. the people
Whom Mr.. Bryan wrote that "rre
Worll-Herald f1v0r- the adoption OF
constitutional amendment providing f0r
the popular election Of Federal Judges"
DE- meant that Mr. Bryan farOrs such
constitutional amendment AS Mr. Bryan
i3 responsible for the plank in the Chica-
go platform relating to the Supreme
Court that plank n written 40 express
upon Us face precisely what 10 means.
would read.
I'VE favor such AN amendment 20 tho
Constitution Of the Jnifed States as wiil
provide for the election Of an Te1srl
judges