The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-08-03

ZIlo A4 UA45 SOOAVA -
whom we have the pleasure or having
with VI to day wrote (25 Am. Law Rev.
2ss. March, 189D '"if the proposition to
make the Federal Judiciary elective
instead of appointive is once seriously
discussed before the people, nothing
can stay
a GROWTH OF THAT SENTIMENT,
and it is almost certain that every ses
sion of the Federal Supreme Court will
furnish material to stimulate that
growth"
In what I have said there has been
no intention to n feet upon the Federal
Judges, either sipgly or il a body, but
the present mode of their selection and
tenure is undemocratic and medieval
and, capable of untold abuse. No de-
pository of power in this country
should be above the power OF public
supervision of his conduct. It is time
this matter was fully and thoroughly
discussed end the reform brought
about. It is no injustice to the pubic
servants who happen to occupy Offices
which may be effected, to agitate for a
reform required by the public interest.
am aware that every Federal Judge
below the Supreme Court, though nom
inally holding for life, can be abolished
by an Act OF Congress. since the power
that creates a Federal district Or circuit
can abolish it at will. If it can abol
ism one district. it C IN abolish ali at
once. Several districts have from
time to time been abolished, notably
two in 1901. And we know that the Is
Circuit Judges created by the judiciary
Act of 1901 we're abolished Is months
later.
It is true that under the stress of
great public sentimt Mt, every U. s.
District and Circuit Judge a be
legislated out of fl sc by a simple Act
of Congress end a new system re-
created with new judges, but that
would be a strong measure and unlike
a constitutional amendment, might be
a reflection upon the present incum,
b nts. 1t is also true, as has been
pointed out by distinguished lawyers,
that while the Supreme Court cannot
thus be abolished, it exercises it's ap
pellate functions with such ezcep
tions and under such regulations as
Congress shall make" Constitution,
Article III, Section q and that as Con
gress edacted the Judiciary Act of 1879
it can modify or repeal it at Will.
In 1881 the attempt was made to re
peal the 251h section of the Judiciary
Act Of 1879 by virtue of which writs of
error lay from State Supreme Courts
In certain cases. Though the section
was not repealed, the repeal was sup
ported and voted for by such men as
Henry Clay and James K. Polk, names
which have not yet LOST their music IN
your ears.
But what is desired is not the exer
else Of such powers by Congress which
it undoubtedly possesses, and in an
emergency would exercise, but @ COT
stltutional revision by which the Fed
orel Judges, like other public servants,
should be chosen by the people.
But it may be said that tbs Federal
Judges are now in Office for life and it
would be unjust to dispossess them.
So it was with the State Judges in each
State when it changed from life judges
to judges elected by the people, but
this argument in no case STAYED the
reform. Indeed all the Federal Judges
except the Supreme Court, being sub
jsct TO be abolished at any time bv an
Act OF Congress occupy an inferior DO
sition in this respect to the State life
judges who could only be abolished by
q new Constitution.
It will be a great reform when public
esteem and confidence shall becom6 the
source of honors instead Of
COURT FAVOR AT WASHINGTON.
When this Constitutional
is made, as it will inevitably be done at
no distant day, it would be well to
avoid the expense and cor. flct OF the
double Judiciary system we nov have
by reducing the number OF the Federal
Judiciary, amending and restricting
their jurisdiction to the excise, internal
revenue, poetof1ce, and customs and
like matters which are purely Federal.
As to all other matters in which a Fed
eral question could arise, ample pro,
lection would be given by writs OF
eTror-as now-from the State courts
Certainly with the great increase OF
intercommunication and the decay of
local pre- JUDGE, a large mass of Iitiga
1 ton mh:oh nom noon ;nAA L. mn