Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-10-22
NONP ARTIZAN ELECTN,
y Grand Letter by 4, Grand Man. Now
Deceased. and Once Judge of
This Circuit--.Iuiye Nowlin.

The nonpartizanship of the Judiciary
is forcibly expressed in the following
letter of Judge Nowlin, addressed to
the voters of this circuit when he was
the democratic nominee in 1889. This
was at the first state election held
after the admission of South Dakota
| into the union. The state constitution
made provision authorizing the legis-
lature to fix the time of the election of
Judges at Il different time from that at
which other officers are elected. But
/ the separation had not yet been made
At the election of 1889 all tho state
officers and members of congress, to-
gethcr with the circuit and supreme
judges, We're elected This circuit,
composed of the counties of Penming-
ton. Custer and Fall River, cast 3,22:3io
votes. of which the republican candi-
dates for state offices received 2095
and The democratic candidates 11iO
Yet Nowlin. the democratic nominee
for circuit Judge, received 1896 and his
competitor l26l, making Nowlin's ma
jority 90 votes. which means that he
received 800 or more republican votes.
This was certainly Il decision most
emphatic 10y the people OF this circuit
/ tiat they believe in divorcing politics
[; from the judiciary us much as posi-
bic. We low have no political ques-
tious at issue. and people are left to
vote their convictions as to the most
competent candidate, even as they did
upon the judicial question when Judge
Nowlin WAS elected.
Upon this question of the non -parti-
zanship OF the judiciary Judge Nowlin's
letter is tn the point and interesting.
| lit is as follows:
RAPID CITY, Pennington County.
South Dakota, September liz, 1850
DEAR SIR: 1t is unnecessary to re-
mind you that the first state election
of South Dakota will occur ON October
LIST. 1889: and that at said election the
adoption of the constitution of the new
state will be submitted to the electors
of the proposed state. These are mat
ters OF general concern with which the
people are we'll acquainted, but there
are some other questions to he sub
mitted at the same time, and officers
of the new state to be elected, upon
which the voters may not be so we'll in
formed. especially the election of state,
judicial and legislative officers, who
have been nominated by the respective
political parties in their conventions
and are now seeking the support of the
electors i'll their respective districts to
secure their election to the respective
offices to which they have been nomi-
nated
Personally, had the honorto receive
the nomination of the edemocratic party
of this district for circuit Judge of the
Seventh judicial circuit of South Da.
kota. embracing the organized counties
of Pennington, Custer and Fall River
And while l appreciate the high
honor conferred. it is doubly gratifying
: to me to know that the choice of the
convention was not the result of any
! prcconcertcd action brought about
through the active interest OF partisan
friends, but resulted from the delibet.
ate unanimous desire of the whole con
vention without Il dissenting voice.
My own views with respect to the
/, judiciary elections in our own state
, are not unknown TO the members o
the bar. and persons with whom hay,
conversed on the subject. Indeed
/, have been an early md constant advo
i cate of the adoption ola constitutions
5 provision separating and fixing a diff
. ferent time for the election of our iu
dicial officers from that upon which
political officers are elected, and oul
constitution provides that the legisla
ture may fix a separate and differen
time for the election of our judicial of
ficers, thereby recognizing the import
j ance of our judicial elections, and tn.
/ necessity of grave consideration in tn,
: choice of judges, unmixed with othe
questions and influenced by politica
combinations and party atiiliation
that sometimes SO obscure the reaso,
$ and blind the judgment as to leat
1 voters through party zeal, to elect me,
: to Office, when, in their calm. deliber
S ate senses they would regret the ac
:. which they have no power to recall
: But the first selection is not SO separ
D ated. Conscientious deliberation an,
r the courageous execution of a convic
Q tion honestly formed is the primar
j. safeguard of our government. Asecre
n ballot is the only way in which an cleo
4 tor can express his choice without sub
8 jecting himself to insult, ridicule, in
R timidation, and sometimes worse in
auences than these at the polls. Henc
it follows that the only safe and cor