The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1900-02-16
THE JUDICIARY.

Much is said nowadays about non. partisan
judiciary, especially in relation to the Supreme
Court of Appeals. in which the Bar Association OF
this state has taken the initiative. Upon first view
that seems a very desirable consummatlon, but
when calmly considered and non partlsanly 1T is
more theoretic than practically
The plan proposed and to develop which the
Association has appointed a committee is to secure
from each of the leading parties of the state a
promise that it will name but one candidate, so
that in the evolution of the plan there will be two
democratic and two republican members of that
tribunal or, as is also suggested from the same
source that there be separate convention charged
solely with the duty OF selecting candidates for
that court Ordinarily lawyers are practical
although proof may be wanting to support this
statement satisfactorily in the light of these sug-
gestions.
A man without politics is an enigma shadow
without a substance, any something that is moth
ing. In other words, man without views on cur
rent political questions and without the necessary
manhood to modestly assert his convictions on
proper occasion has neither the mental nor moral
fitness to discharge the duties of any court much
less those of the court OF last resort. The same
truth may be stated conversely that no man assum-
ing the duties of judge, who carries his politics
into matters before him for judicial determination
is worthy Of the position Yet while this last
proposition is doubtless true it may be equally
true that very recent history has demonstrated the
inability OF some judges to declare themselves by
their actions above and beyond the influence of
partisan bias That, however. is chargeable as
much, possibly more, to the selection than to the
methods of selection, both to say the very least
bad enough. Again it is in the memory of many
not aged that in the settlement OF very grave
political crisis what was supposed tie be purely
non-partsau commission resulted in division on
party lines Yet presumably the members were
moved by conscientious desire to act impartlally
And So in other cases of like kind
There are others again who say the personnel
of the present highest court cannot be improved.
If that be true the system is not vicious. If it is
not true still it is not conclusive that the system
may not by further trial improve the situation,
There have been suggested for the Supreme Bench
republicans of the highest integrity, character and
legal attainment, who could and would rise above
mere party time serving and add weight and tone
to that tribunal. 1t is not certain that any have
been suggested who would not.
Besides it is somewhat singular that at this
particular juncture there should be such imperious
demand for breaking away from past methods
AS now constituted the court is three to one demo
cratic unless it be that one member elected by that
party has as claimed by friends, experienced a
change of political conviction and thus given US
the benefit of non-partisan court without oul
being fully aware of it. Unfortunately, even il
that be true, his term expires with this year
What them? Elect him? We suggest not. II q
republican is to occupy that position, and that
seems almost assured, let it be whose faith is
established and whose ability at the same time
marks him as wise choice
The outlook indicatesa republican year in
West Virginia and as that party seldom falls below
its expectations supreme court composed in part
of three of that political creed may not impair the
present standard; it may improve it, If SO the
present sollcude of the legal fraternity viii have
been in vain.