The Lamar register., 1900-10-17
JUDICIAL RESOLUTION.

The Proof That Bryan Wants to Upset
Our Federal judicial System.
Do the people understand that part
of the program of Organism is the
overthrow of the federal courts as they
are now constituted, and the substitu-
ton of an elective judiciary. holding
office for limited terms and chosen by
popular vote?
The lapse of four years has cast
something of the haze of distance over
Mr.. Bryuns radical ana revolution
ary notions on this subject. Some OF
his more conservative apologists are
even seeking to create the impression
that what Bryan has said in the past
against life tcnures did not apply TO the
justices on the bench of the Supreme
Court, but merely to clerks in the cN-
ecutive departments; that 1t is not the
stability of the federal bench which
Bryan attacks, but the general idea OF
permanent tenure in the civil service,
which is another and Il widely different
question.
This is pure humbug. Mr.. Bryan has
committed himself sluarely and with
out reserve to the doctrine that the fed
eral judiciary, including the Justices of
the Supreme Court, should be elected
by the people, and subject nt stated in
tervals TO removal by popular vote.
In June, 1896, just before his own
cago convention, but after the Su-
preme Courts decision that the Clevc-
land Wilson income tax law was uncon-
stitutional, ana after the federal courts
had played their righteous part In the
enforcement of the law durin. the IL
linois disturbances of 1891. Mr.. Bryan
printed In Il college periodical called the
Nebraska Literary Magazine, an arti-
Gle beginning with these words:
1T is the duty of every good citizen
to endcavor to make the government rs
perfect as possible. both in its machin-
cry and in its administration. beg to
suggest n few changes which, in my
Judgment, might be made with advant-
age to the people"
Having disposed of the executive and
Legislative departments of the govern
ment. Mr.. Bryan went on to say:
''Thc present method of selecting fed
ernl Judges is wrong. Nearly all the
state elect the judges who preside over
state courts and find no difficulty in Sc
curing competent officials. When
judge is elected for n limited term he
can be reelected If his conduct is such
us to merit it; but n judge appointed
for life can only with great difficulty
he dcpOsed, no matter how nnsatisfac-
tory he may prove. president, who
generally appoints upon the recon-
mendation of n few members of the
dominant party, cannot choose as in
telligcntly as the people themselves,
and the power to dcpose by n refusal TO
re-elect is an essential restraint even
upon II judge. All human beings, to n
greater or less extent, acquire n certain
bias from association and environment,
and on the great questions which di-
vide society that bias unconsciously in
fluenccs the mind of the judge. Life
positions are apt to breed Indifference
in the public servant, no matter in
what position lie is placed"
This leaves no doubt as to what Mr..
Bryan thought and meant. lie would
like to destroy life tenure in the feder-
al courts and throw the judiciary into
national politics. 1t is nonsense for any
friend of this ardent revolutionist and
disciple of Altgeld in progressive so
cialism to pretend that Bryan's hostili-
ty to life tenurcs of office is inspired
solely by reasonable sOlicitude con-
cerning the danger of stagnation and
oNidization in the subordinate civil SER
vice.