Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-20
TWELVE PAGES
TUESDAY. JUNE 20. 1899.
SHOULD THE JUDICIARY BE
ELECTIVE p?

That is a grave question. and there
have been some recent occasions to
press 1t afresh upon the people. with
respect to both the Federal and State
judiciary. At first blush. the average
thought and feeling are decidedly adj
verse to the selection of these magis-
trates by the people. There seems Il
natural repugnance to placing candi-
dates for seats in judgment" to Il
scramble, as 1t We're, for their places. In
truth, no man fit To be n judge Is at all
likely to stoop to scramble for any pub
lie post, except under very extraordi-
nary circumstances. Nor is popular
election necessarily a scramble: ana Il
candidate will prevent it from descend
ing to that. as regards himself if he
chooses.
In Virginia, State and county Judges
are all chosen by the General Assembly.
except In cases of vacancy occurring
when the Legislature is not in session.
when temporary appointments, or as
slgnments. are made by the Governor OF
the Commonwealth. Without going into
the history of the matter, the practical
which to make our Judges: by executive
appointment. to hold during good be-
havior; or by popular election. to serve
during limited, fixed terms; or by lcgis-
lative election. The last mode is the one
now obtaining in this STATE, and. on the
whole, 1t appears TO be a. satisfactory
compromise, Notwithstanding that tho
people occasionally Indicate Il DISPOSE
ton to hold all public office at ;heir
own immediate disposal.
The National Democratic platform Of
1876 recognized and rcprobatcd I'm thc
Federal judiciary growing tendency
toward government by injunction"
that is, to so extend the writ Of njunc-
ton as not only TO cover the eases for
which it was designed, and 10 which it
properly applies. but TO give 1t ana the
judge. or court, complete and final iu-
risdiction in matters of fact and law,
touching persons and property, that un-
der our form of government, our con-
stitutions ana laws. should 40 to a
jury, or to the Legislature for further
action. In accordance with this sugges-
ton and in pursuance OF the ample
powers with which II is clothed our
General Assembly at its last session
passed an act limiting and guarding the
arbitrary and pcremptory construction
sometimes placed by our courts on the
old English common-law of injunction
and contempt of court especially ms to-
constructive contcmp;s. but leavine our
courts fully empowered to protect
themselves from direct con;cmp;s and
10 enforce their DEGREES This act our
Supreme State Court Of Appeals has alb
soutely nulliiied. on the ground that a
constitutional court has inherent pow
ers" above legislative control ana
which the act in question attempts 10
violate.
Thus. our State judiciary has raised
an issue between Itself, the legislature
ana the people, and precisely on points
where our constitution has plainly pro
vided that our courts ana Judges should
be amcnablc 10 the Legislative direction
and subordinate 10 the righ; of trial by
jury in the people. What is She state
where is the State--in this dis.utc?
With The legislature, the people and the
plain mandates OF our constitutions
State and Federal as to the rights of
persons. liberty and property? Or with
our court of appeals and It's pretended
inherent right rs against expressed
Fundamental provisions, to which the
legislative seeks To give effect? Ab-
stractly and theoretically considered. a
court may have inherent powers'as-
cribed to it; but in a free and constitu-
tionnl government like ours. absolutely