The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1899-10-13
THE ARGUMENT AGAINST JUDGE
STILLWELL.

Ell tnS OppOuthts vi JuuSt 9bllIMtll
have but one argument to offer against
his reelection; and that is the argu-
ment of length of tenure. They do
not assert that he is prejudiced or
partial, that he is influenced by part
isan bias or personal feeling, that he
lacks ability or industry or honesty,
or that he is inferior in single attri-
butte to the candidate who opposes
him. They say only ale has had it
long enough
There are only two possible theories
that would make this argument
sound: Either the Office of District
Judge must be regarded as private
snap designed solely to benefit the
man who holds it; or the exercise of
the duties Of the office for Il long per-
iod must render the incumbent less
able to perform those duties.
Is there anyone who would serious
ly defend either of these propositions?
Is the Office of District Judge created
for the man who fills it, or for the peo-
pie? If it is mere gratuity, if its
chief end Is to give its incumbent
prominence and experience which
will be of advantage to him individ-
ually in the future practice of his pro-
fesson, then it should by all meansibe
"passed around the term should he
short, and Il second term forbidden.
But nobody will assert, or admit, that
this is the right theory. The Office of
District Judge is part ofthe majestic
machinery of the law by means of
which the rights Of the people may be
saieguarded. OF all the offices known
to our system of government, it is the
one, almost above all others, to which
no man has "claim" but which
should be conferred by the people
upon the man best qualified by nature
and training to perform its high dut-
les.
And if it is hard to conceive of any
one seriously asserting that the Office
of District Judge should be regarded
as "private snap" it is yet harder
TO imagine serious assertion that
long tenure Of the Office disqualilies a
man for the performance of its duties
To assert so palpable AN absurdity
would be to controvert the settled con-
viction of mankind, as reached
through experience and written down
in the constitutions and the statutes
of free governments everywhere. Not
to go outside our own country, we find
the justices of the Supreme Court OF
the United States and all the Federal
Judges appointed for life. In four OF
the States of the Union the judges OF
the court of last resort hold office for
life. In one state the judges hold Of
flee until removed by the legislature.
In one state the tenure is twenty-one
years. In one State fifteen years. In
three States twelve years. In two
States ten years. In three States nine
years. In nine States eight years In
three States seven years. In sixteen
States six years. Only two States
have shorter terms than six years.
Ohio having five years and Vermont
two, the average term in those States
where it is limited to a period of years
being eight and one-fortieth years. In
commenting upon these facts Hon :.
IL. Allen, from whose very able adj
dress at the last meeting of the State
Bar Association the figures here given
are taken, says: "On the whole pub
lie sentiment seems to incline against
very frequent changes, and the ar
rangement with reference to the elec.
tion Of the judges in substantially all
of the newer States, and most of the
older ones as well, is to elect a part
only at time, so that courts at all
times may be composed of q majority
of old MEMBERS" The italics are ours
and are used to call special attention
to the fact that experience on the bench
is regarded in practically all the
States as Of so much importance as to
be the subject Of special constitutional
provision.
1t is true that the term Of judges of
inferior courts is usually shorter than
that of judges Of the higher courts.
But in our own State the term of a
District Judge is longer than that of
any other State officer i'm continuous
service outside the judiciary, thus en-
phasizing the same principle, that
public sentiment is against frequent
changes in the office of Judge.
But this appeal to precedent and