The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1899-06-07

ify. the governor would fill them I
under Section 103 of the consti.
tuition.
The course of reasoning that |
would convince n man, favoring
the amendment, TO vote to kill il |
upon the ground that the courts
otherwise might do so, would, il
followed out, cause him to kill |
himself today because he could
not know but what he would die
tomorrow.
The supposition that the legis-
lature did not give proper con-
sideration to the amendment, is
erroneous. The senate and house
each devoted about two sittings
to its discussion. Each voted for
it overwhelmingly, on three sep
arate days, after hearing arau-
ments against it from such able
lawyers as Senators Trigg, Smith,
Wells and Lewenthal and Repre-
sentatves Thomas, Anderson and
Russell, none Of whom contended
that it would be invalid if ratified
at the polls. In the senate, the
first vote stood 80 TO Z, and ne
last 80 to g.. In the house, the
first vote was 93 TO 16, the last 81
to 10.
The effort to remove temptation
to use judicial positions for the
advancement of political interests
by making governors ineligible to
succeed themselves, is n failure.
When governors seek other posi-
tions, the same evil exists. Their
aspirations are nearly always
supported by the friends and
counties Of judicial appointees,
where prospects are in the least
hopeful. Appointments do not
remove the judiciary from poll
tics, merely causing its opera
tions TO take more insidious forms.
The desire to obtain or retain of
flee is as strong under one system
as the other. The judges and
their friends naturally desire and
seek the election OF a governor
favorable To themselves. BY
coming to a common understand :
ing, they could exercise a power
full influence in most gubernato-
rial contests. Through the Gp-
pointive power, governors can
control, for administration meas
ures, a considerable legislative
vote, as every observant legisla-
tor knows. The action and reac-
ton caused through judicial APP
pointments is destructive Of the
independence that should exist
between the legislative, executive
and judicial department Of our
government.
Judges perform most functions
| in public, often in the presence
Of an interested throng, and near
Ily always aided by professional
brethren, more or less ''learned
in the law" who, from opposing
standpoints, assist in avoiding
and correcting errors. Their
merits and demerits are more
: closely scanned and more widely
known than those Of any other
officials. Consequently, electors
! have a more accurate basis Of se-
lection. II dependence on the
people lowers a Judge, it will
} lower any other officer, and pop
, ular government is a failure. On
the contrary, an elective officer,
capable and faithful, deserving
, and receiving the approval Of
, those he serves, is much more in
, dependent than an appointee,
whose tenure depends upon the
personal good will OF one man.
OF forty-five states, there is
only, | think, about half a dozen
that do not elect judges. Missis-
sippi, in 1896, set the elective
, lead. The illustrious careers Of
Judges Sharkey, Yerger, and
} others forever refute the assertion
that dependence on popular suf-
frage lowers the judicial standard
The legal ability Of Judges Wiley
P. Harris and j. A. p. Campbell
was recognized by the people in
( their early manhood, and won foi
] them judicial honors, richly de.
: served. The appointive system
, was foisted on this state by car,
] petbaggers, in 1850, 10 give ju
dicial positions TO those whom
e their official creator, the governor
: could control, ss against the peo
e pie, as was proved in the Anne
: impeachment. Our new consti
: tuition eliminated illiterates, ia,