The age-herald., 1898-03-31
The Chief Justiceship.

From the Mobile Daily Item: There Is | no gift at the hands of the people of Ala bama, conferrable directly by them, more high and honorable than the chief justice ship of the supreme court of Alabama. We greatly condemn the methods prescribed by the constitution of this state, which are also in vogue in nearly all of the forty four other states, of making the office an elective one
 If there is any public position, outside of the ministry, that should be absolutely free from the contaminating and degrading
 influences of politics, that position is the one occupied by the judicial functionaries of our land. Under our national conStitu- tion the judicial is one of the coordinate branches of the government. The judges of the supreme court of the United States are appointed by the president and con- | firmed by the senate and are not amenabie 1 to either the executive or the legislative | and they hold their offices for life. or dur 1 ing good behavior.
 | There is no tribunal in the world which stands higher for probity, ability, honesty and patriotism than the supreme court of the United States.
 Alabama, up to the present time, has en- joyed the reputation of having as supreme court judges men who were the peers of those of any state in the union and even of the supreme court of the United States, in spite of the fact that the supreme court judges or this state are eiecteu, dS we nave before stated.
 The reasons for this are not difficult to find. The people by custom and precedent, have almost crystalized into law the rue to elect and re-eect for life the judicial officers of the state, and thereby tacitiy freed them from the dirt of politics. One of the most commendable customs, generously acquiesced in heretofore by the judges of the supreme court themselves, was to encourage this sentiment and to permit the judge next oldest in service to succeed as chief justice, on the death, or retirement, of the chief justice. Chief Jus tice Brickell has announced his intention of retiring from the bench, and the next in succession under the custom established, is Justice Thomas N. Mcclellan. If Judge Mcclellan were in any way d,s- qualified, or was judge of inferior ability to his associates, there might be some req son for changing this rule. In Judge Mc- | Clellan's case he is in no way disquanned, | and, instead of possessing inferior ability. | he is regarded by nearly every lawyer | throughout the state as the abiest Juoge | on the bench next to Judge Brickell, who | is himself one of the ablest lawyers ana | judges of the United States.
 The man who now proposes to disturb precedent set aside custom almost crys- | talized into law and cast the discordant apple of ambition into the peaceful 1udacaai l family is none other than one or the asso- ciete iustices-Justfce Coleman. For Judge Coleman we entertain the very highest respect and will even say tnat captivated by his warm and kindly per sonal charms, all of which is emphasized by local endearments, we sincerely rove him. and because we love him, we propose to speak more plainly than we otherwise would do.
 We know nothing, and we care nothing for any political considerations whatsoever that may revolve about this unfortunate personal controversy between these two eminent judges and most worthy gentle men, We wish that it could be avoided, and we blame Judge Coleman and his over zealous friends for unwisely precipitating it. But it has come and we meet this question as we do all others, with visor down and lance in rest. It is a matter of supreme indifference to us whether Gov Johnston is advocating the cause of Judge Mcclellan or not We are equally indiffer- ent as to whether or not the so-called Big Four are backing or figting Judge Mcclellan. The chief consideration which moves us is the simple fact that Judge Mcclellan is better qualified to fill the office of chief justice than is Judge Coleman Another consideration that moves us Is the fact that, to now turn down Judge McClel- Ian, who is the next in line of promotion, in violation of custom and precedent to make way for a. judge of inferior ability. is most unwise And last. but not least, we are assured that such an uncalled for rebuke as the premature elevation of Judge Coleman over him would necessarily imply, to man of fine sense of honor and req sonable amount of self-esteem, would re- quire the retirement of Judge Mcclellan permanently from the supreme court bench The people of Alabama cannot afford to lose the services of such judge as Thomas
 N. Mcclellan. Should Judge Mcclellan re- ceive the nomination which he deserves,
 l. o.tts tA1 1,fx 1ran
 no other political party could name the
 opponent possessing equal fitness and abil- ity.
 He would have what the politicians term
 "a walk-over" Should Judge Coleman re- ceiye the democratic nomination 1t is possi-
 ble that he would have second fight on his hands,
 Against Precedent.
 From the Mobile Daily News.
 Our contemporary, the Daily Herald. holds to the opinion that the judges of our