New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1898-12-14

The position occupied by n. w. Childs
as attorney general of the state entities
his opinion to the greatest respect. He
says: ..s T.
You present question of tie utmost
Importance to the welfare of the people
of this state. How to attain an able and
indie ;,endent judiciary has engaged the
attention of many of the best minds of
this country. Judgment is divided be-
tween an elective and All appointive ju-
dietary. As I view it, it IS futile to hope
for so radical a change in the policy Of
this state as the appointment of supreme
court judges by the governor or by other
authority. The present tendency is to
change from appointive to elective offic
es. The people are jealous of their
rights to elect public officers, and I am
satisfied that the prevailing sentiment
today is strongly averse to ar appoin-
tive judiciary. Moreover, the appoint
ment Of the Judiciary by the chief execu-
tive of the state would initiate against
the policy evinced by our constitution
to keep the three great departments of
government separate and distinct.
One of two curses should, in my
judgment, he pursued in the selection
Of such officers, either of which would
he an improvement upon the existing
method. I am satisfied that we should
adopt the policy of electing them at
some other time than at a general elec-
ton. No other question should be un-
der consideration at the time of their
nomination or election. Such Il course
will more surely secure a non partisan
bench than any other. That the nomi-
nation and election Of our judges should
be wholly divorced from politics is the
prevailing opinion of our most thought
full men. Wisconsin holds :: judicial
election in the spring; and it may be
said, in passing, that the supreme bench
Of that state occupies very command
ing position among the courts and pro-
fessicp of this country. The opinions
Of that court carry greater weight than
those of my other western state.
The only serious objection which can
be urged against the adoption of such
Il course is the additional expe nse nee
essarily to be incurred in holding sep
crate election. The objection is, how.
ever, wh.lly overcome by the substantial
bt netits derived from bench which
would enjoy, in greater degree, the re-
spect and confidence of the citizens of
the state.
The ouly other method which COM
mends itself to my judgment IS Il radi-
cal change in the method of nominating
Judges. It would seem that the evils
arising from nominating these import
ant officers during tie turmoil, wrangle
and confusion of a state convention,
where judgment is rarely exercised, are
80 generally recognized, that radical
change in the methods of nomination
will be easily effected. Much is being
said at the present time in favor of n
complete change in the nomi ration of
all elective officers. 1t is not altogether
unlikely that some measure will he IN
troduced at the next session Of the legis-
lAture designed to make an advance step
in this direction. If the judiciary must
be nominated at a convention, it should
be convention called especially for
that purpose. 1t has been suggested
that nominations might be made during
primary elections whereat each voter
would he at liberty to express his choice
Of candidates for the various officers 1t
would seem thac some plan might lie
adopted whereby such course would
be satisfactorily pursued.
ain pleased to find that your people
are giving thought tn the important
question suggested by you.