The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-26
Selecting District Judges

Pipe is being laid in the judicial dis
tricts Of the state by those who would
wear the ermine, either to retain it on
their own shoulders or take 1t off
those of others and transfer it to their
own. In Wisconsin, also, district or
circuit" judges as they are there
termed, are to be chosen. There is
DDS OF selecting in operation in the
two states. There remains yet in this
state sentiment that judicial offices
should be kept aloof from the intrigue
of political contests; that eminent fit
ness should be the test; and, in some
districts, sometimes, this sentiment
controls in the judicial conventions to
the extent of selecting a capable man,
whose political opinions are adverse
to those prevailing in the district. But
this rarely occurs. Generally party
nominations are made, and In the ju-
dicial conventions the same dickers
and trades are made, the same combi-
nations, all the petty policies INDUCED
with which other nominating conven-
tions TEEN.
Ever since Wisconsin has been a
state the law has separated judicial
from general elections. throwing the
former into the spring with the town
ship elections. Circuit and supreme
court judges are elected at this time
1t is easy to see that this separation
tends to relieve selection and election
of these important officers from the
entanglements Of practical politics, and
enables selections more easily to be
made for fitness. And this has al
ways been the case, except in a few
instances where the party machine
was used to get rid Of some Judge who
had made himself obnoxious on the
bench. Very early the members of the
bar of the district began to take the
matter of candidates for the bench in
hand, assuming that, as the office re-
quired qualities Of an exceptional ma
ture, those who practiced at the bar
and learned, under the fire Of it's con-
tests. the metal Of the members from
whom the selection must be made, they
were better judges than any conven-
ton Of lay delegates could be Of the
right man for the place. Accordingly,
the move was generally initial
ed by lawyers uniting in a
petition addressed to the person
| they deemed the fittest to become a
| candidate. Occasionally there would
be differences Of opinion, but in the
main there was a common agreement.
The invitation, If accepted, made the
acceptor the only candidate and his
election was unanimous. In the Fourth
judicial district Of that state Judge
ellison, who has been thus chosen three
successive terms, serving since 1880,
retlres voluntarily, and the bar of the
district have united in q call to one
Of their number Judge Kirwan, Of
Manitowoc to accept their nomina-
ton. AS the judicial conventions are
wholly composed of lawyers, his NOM
ination will follow, and his election on
that.
We need not point out the advantage
this method has over that in vogue
here, where the judicial conventions
are party conventions and the dele
gates are mostly laymen. We need not
specify the instances in which the
tactics Of conventions for the nominal
ton of lay officers have disgraced
these and resulted in placing upon the
bench men tied down by obligations
to their political supporters. We do
not say that Judge so selected has
been influenced in his rulings by such
obligations, but 1t is beyond argument
that the method Of selection degrades
the office. cheapens it in the estima-
ton both Of the bar and the Iaity. and
opens the door to suspicion of partial
ity and unfairness. Should a constf-
tutional convention ever be held in
this state, we trust that the new con-
stitution will contain a provision sim
liar to Wisconsin's, renting all 1u-
dicial elections to the date Of the
township spring elections.