La Junta tribune., 1900-10-17
JUDICIAL RESOLUTION.
The Proof That Bryan Wants to Upset
Our Federal judicial System.

The Proof That Bryan Wants to Upset
Our Federal Judicial System.
Do the people understand that part
Of the program OF Organism Ia 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.. Bryan's 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 tenures did not apply to the
justices on the bench OF the Supreme
Court, but merely to clerks in the ex-
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 widely different
question.
This is pure hunbug. Mr.. Bryan hag
committed himself sQuarely 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 at stated in
tervals to removal by popular vote.
In June, 1885, just before his own
nomination for president by the Chi
cago convention, but after the Su-
preme Courts decision that the Cleve-
land-Wilson income tax law was uncOn-
stitutional, and after the federal courts
had played their righteous part in the
enforcement of the law during the IL
1inois disturbances of 1894, Mr.. Bryan
printed In II college periodicaI called the
Nebraska Literary Magazine. an arti-
Gle beginning with these words:
1T Is the duty OF every good citizen
to endeavOr to make the government as
perfect as possible. both In it's machin-
cry and in Its administration. beg to
suggest IL 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
cral judges is wrong. Nearly all the
states elect the judges who preside over
state courts and find no difficulty in &C.
curing competent officials. When
judge Is elected for n limited term he
can be reelected Ii his conduct Is such
ms to merit it; but a judge appointed
for life can only with great difficulty
ne ucpOSeu, no InHtteE HOW unSAuBIuc-
tory he may prove. A president, who
generally appoints upon the recon-
mendation of a few members Of the
dominant pnrty, cannot choose as In
tefligently as the people themselves,
and the power to depOse by refusal 10
re-elect Is an essential restraint even
upon a Judge. All human beings, to q
greater or less extent, acquire a certain
bias from association and environment,
and on the great questions which d.
vide society that bias unconsci0usly IN
fiuences the mind OF the judge. Life
positions are apt to breed indifference
In the public servant, no matter In
what position he is placed
This leaves no doubt as to what Mr..
Bryan thought and meant. He 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 reyolutiOnist and
disciple OF Altgeld in progressive go
cialism to pretend that Bryan's hostili-
ty to life tenures of office is inspired
solely by reasonable solicitude con-
cerning the danger of stagnation and
oxidization in the subordinate civil ser
vice.