Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-31
uiLniSGroS. rADRsoar.n1EcnaL
The chancsuor ana tho state Board OF Ldu-
cation.

member Of the State Board OF Educa
tion sought to be created by the act |
We think little reflection Of tho /
matter will convince the members OF
the Legislature Of tho improperly OF
requiring member os thu State
judiciary to serve III this capacity.
IL is 40 accepted principle that tina
membera Of this Judiciary should bs en
ttirsly dibaasociatsd from oil public
duties outside of their Judicial stations.
Their services are Of the highest i'm
portance to the people, involving, as
they do, the right to liis and the RICH.
to property. 10 require OF them, there
fore, tbs performance Of duties that
may tend to interiors with tine just and
proper execution Of tho highest func
ti0na Of their Office, 10 not only an i'm
position upon the iCdges, but an in
iringemrpt upon the rights of the PEG
pie, who are entitled 10 tho complstsst
services that the judiciary can render.
This subject Of the entire separation
Of the judiciary from all other official
luuGilbuh wan hAigTlhlig tEFhtDh AZ
recent Issue OF tho New York Evening
Post, in manner that Gpnien most per
Tinently to the question under consider
alton. 1t was written with respect TO
discussion then raging in the news
papers Of SaE York City as to the 10
isgrity Of the Appellate Division Of the
Supreme Court Of the Stste. after the
Tammauy triumph ut tho election Of
last fail. Referring to Huch an unseemly
discussion, the Post asil
Bat the Judges have themselves to
thank for whatever there il HisHgrpeR
bic or degrading in the aituation. The
judiciary, az Hamilton says 10 tho Fed
erallst No. 7Bl, can take no active
resolution whatever. 1t may be truly
said to have neither force nor will, bur
merely judgment = There is no lib.
srty, says Mon eHquieu. quoted with
approval by Story, 'tf tho judiciary ba
not separRted from the legislative and
executive power. story also defines
tease" as a "question arising under
tho Constitution and the laws. mid
not till it Inns assumed this forin-that
ig, until sBuine subject touching the
Constitution ami the laws is submitted
TO the court by party who aasertd his
rights in tho form prescribed by law
can tie judges pass upon 1t.
There ID no mandatory provision in
the Constitution Of the State of Nav
York making any change in this char
acter Of judge, and the nature of his
functions, as thus defined. He rs sim.
ply 10 judge. He IL to have Judgment,
not will. lie 10 to "hear and dster.
mine,' not 10 execute. All attempts
Of Impose executive functions on hiH
he in bound 10 resist, because he owes
his full time, ability, and reputation
to tue people Of the State, whuse rights
under the Constitution and tue lave
he mas TO pass on. Any portion OF thi
time and ability which lie degotes Il
administrative work-that in, to tht
discharge of duties properly belonging
10 other Offices Of this government-is
wrong inflicted on the humbleHt citizen
When last summer tho Connection
Legislature imposed tho duty of estab
fishing regulations for tho location
construction and operation of atree
railroad on the iudges. and an inferio
court performed it, by deciding hoi
tho road should DO located and cou
Rtructed, the supreme Court anuulle
it's action, on tho ground that the ac
OF the Legislature was unconslitutiona
because. il the puWer TO make III
Superior Court subordinate legialf
tive body existed for ono purpose,
would involve tho power 80 to utilize
for every purpose. Exactly, anj y,
our Legislature hna for some time bac
been in the habit of inposing thei
executive and Legislative duties ON 0i
iudgea for the purpose of supplying ii
city with things which it iH mont al
snrd that our municipal governmei
should not be abls to supply itssl
Calling on the judges to give us rap
transit 10 fragrant exa nple Of Il
abuse. Tho power TO c1mpel tho iudg
to pass on the projected tunnel und
the streets, to say what it anould 60
and what ssecurity should be given I
its construction, involves the powor
compel thom TO prepare pana for
bridge over tho Harlem River, to nal
tunnel under tho East River, and pa
on the comparative merits Of two kin
OF Asphalt Tor street paving.
Tho judges should from thu very OF
set. have doclinod these duties
undertake. them is a great wrong to I
community. Tho reason why an eift
is made TO convert them into Aubort
nata Legislatures or Street Comm
sioners, is Himply that tho corrupt
OF our polities has left US hardly d IN
or class Of men stauding who can,
tho eyes Of tho people, BIO intrust
with any public function. Tho mini
VIC give any public task TO mayor,
derman or commission, tho question
immediately rnised, what Is there
this for Croker, or for platt, or
Jones or Smith? Whit will Bro
mako out of it? What effect will
have on the election Of 1902 What
Charley or Mike going TO getY" But
10 not tho duty OF tho judges to help
out of our slough. The host serY
thoy can render to an afflicted &C
munity, ia 10 preserve tho purity
their ormine, not simply in reality,
in appearance Judges should be, !
CmBar' vito, not only pure, hut una
pccted. The best service they can r
der to their Country ia 10 be Il
judges. IL We cannot mako tun
without their aid, lot us go without
stow In our own grease, and not m
room for them in tho pan. There ia
shame enough left for the Appellate
vision. We need II all for ourselves
1t will thus be seen that exporie
and sound Judgment, as we'll as tho
ness Of things dictate that mem
Of tho State judiciary should not
compelled to snryo as u member of
State Board of Edncntion, or IN
other executive capacity. II ia,
effect, imposing upon judge d
that is not judicial. 1t IL q gross
Dia fna tHh Ia ~ Ia n