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

ture, as in England, or by being subject
TO review as by holding for a term OF
years. They are as truly beyond the
will of the people as the Czlr OF all the
Russias. That under such a system
abuses have been as infrequent as they
have been Though they are not un-
kuovn) is due not to the system, but to
the usually high character Of the law
vers on thet bench, who, though
selected by a vicious method, have
been ordinarily superior to the tempta.
tions within their reach.
With the growing power of corpora,
tions, and the evils attendant there
upon, we ere not without warnings
that we cannot trust SO medieval a
mode of selecting judges any longer
with safety. This much Is to be said
in excuse OF the trainers OF the Federal
Constitution that at that time few
Judges were selected by the people,
and besides the vast power since de
veloped in the judiciary OF setting
aside and annulling legislative and
executive action was unsupported. II
had been asserted in one or two cases
OF small Importance, but it's scope and
fleet were not discerned and hence its
abuse was not provided against in the
Constitution. That duty has devolved
upOnus.
50 generally, SO universally indeed
has this evil Of
A LIFE JUDICIARY,
selected by others than the people, and
without supervision been seen and pro-
vided against 10 the several States, that
IL 40 States OUT II the IS, the judges
now hold for a fxad term of years, and
thus their conduct comes up periodic.
ally for review. As to the other three
S~tates-in Rhode Island the judges
hold only from year to year, for any
one al be dropped By q IL jority vote
Of the annual legislature. IA Massa
chusettes and New Hampshire, as l
have stated, the judges can at any
time be removed by the executive upon
an address voted by a majority in the
legislature, SO that in every jurisdlc
ton save the United States, the con
duct CT the judges is subject 20 super
vision and disappToval.
1t cannot be toat the popular senti
ment and the public necessity which
have made the judges elective in so
many States do not obtain as the Unittd
States Judges. The Constitution there
fore should not only be made demo
cratic as to the election of United States
Senators, but the judges should be also
chosen by tire people and for = term Of
years, and for the same reasons that
the people of the States have made
their State Judges elective. The same
reasons that apply to the one apply to
the other with equal force. No State
that has nee made Its Judges elective,
has gene back to the appointive sys
tenn. A proposition OF that kind sub
mitted to the people of Ne9 York was
overwhelmingly voted DOM. It must
be admitted, under our theory of gov
eminent that the people are the best
judges of whom they should have for
their public officials, There ia indeed
but one objection which can be made
TO the proposition to maxi judges elect
i've by the people, and thGU is q fat de-
NAL that they are capable,o Of selecting
the best servants and the assertion that
some one elso car do it for them better
than they can for themselves.
1t vas in 1929, long after he had re
turned from the heated theatre OF &C
ton that NJ, jefferson made his
CELEBRt' DDFCLARATION
that the Federal Judges we're &c corps
OF eappers and miners steadily under
mining the Constitution" It wns two
years Iater-in 1822-that he wrote his
letter to Mr.. Barry in which he ex-
pressed his view that the Constitution
should be amended by restricting the
Federal Judges to terms OF six years.
When the Federal Judges are made
elective by the people, the United
States District Judges and district at
torneys can be elected by the people OF
their districts, as State District Judges
and district attorneys and members of
Congress r chosen the circuit judges
by the people of their circuits and the
Supreme Court Judges by the people
of the States composing their respective
circuits and the Chief Justice by the
whole Union.
That the public sentiment is in favor
of this reform is evidenced not only by
the same change as to the manner of
electing State Judges, but ia common
HNXKJS TEIEC