The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-29
DESIRABLE.
decided that the amendment was uncon-
st;fl,t:o,,ativ aGopted.

1 "A Sfta-\IlL
Since 1850 there has been constant anc
almost uninterrupted tendency towards
| the selection Of the judiciary by the people
| Virginia is among the few States that have
! tried this plan and abandoned it. Undel
| the Constitution Of 11I6 the Judges were
| elected by the Legislature. and the Consul
| tuition Of 1929 continued the plan, giving
| the judges a life tenure. In 1850 the flsh'
| passed to the people, While the present
| Constitution goes back to the original plan
Many serious objections can De urged TO
all Of the tree plans of selecting the judi
ciary. but none Is more Objectionable in
Its practical workings than the plan now
pursued III, Virginia. Its objections would
not be so great if the Legislature in fact
selected the judges. but. as a rule, the
representative from a county is by COM
mon consent allowed to name the judge
of his county, and the circuit judge is
named by the representatives from his
circuit and such is the almost inevitable
result of the plan. The fact that ali except
three states have abandoned 1t is Suf1l-
cient to justify US In seriously considering
4 change 1t would seem that American
experience has taught that the function OF
the Legislature is to legisate. and that the
selection of judges by the people is more
in accordance with the principles Of com
plete independence of the three depart
mentS Of the government. Many OF lns
objections TO the election OF judges Dy
she people have been to an extent over
come in some of the States by giving the
Judges a long term of ottice-say, from
twelve to twenty-one years-and making
them ineligible 10 reelection. One OF the
strongest reasons urged against the cleo
lion of judges by the people Is that 1t
would often amount Especially IN VIZ
ginia. where one party is SO overWhelm-
insly in the ascendency) TO selection OF
the Judges by the political convention IN
which p.rty nominations are made; but
this objection is met by a system OF legal
lied primaries, already adopted in num-
her of States. This plan of avoiding the
frauds frequently perpetrated in party
conversions has been tried IN pennsylvania
and Colorado where it has come under the
review Of the highest courts OF those
States The Supreme Court OF Colorado
has decided that abuses in the nomination
of candidates for public once IS d proper
subject for legislation and entirely within
le,jslatiye power, and that the machinery
of a political party in making nominations
of candidates for public office could be
regulated bv law See Col, 63l, and IL
Penn, CO..
TERMS VARY WIDELY.
Terms of judges range IRON Two years
in Vermont to twenty-one in pennsylvania.
In Massachusetts,, New Hampshire and
u.
life. Life tenure has recently been aban-
doned by Delaware and Florida The aver
age term of the judges of all the states
Is about seven years. In New Hampshire,
Connecticut and Maryland judges must
vacate their Office at the age OF seventy
I'm Pennsylvania judges are not ellglDie 10
reelection. In Michigan, Ohio, Nevada
and California they are not eligible during
their terms to any except judicial offices.
In Michigan decisions must be rendered in
ninety DAYS. In California, Nebraska and
New York judges are prohibited from
pract;cing law. Among the miscellaneous
constitutional provisions relating to the
judiciary In the various States, the folllW-
ing are worthy of note: Judges are re-
CURED in Illinois, Washington. Colorado
and other States to report each year such
defects or omissions in the law as their
experience may suggest In Arkansas,
California. Nevada. South Carolina Ten
nessee and Washington judges are special
ly prohibited from instructing juries with
regard to matters of fact In Name, Col
orado and other States the Supreme Court
is required TO give its opinion on questions
of law when requested by the Governor
or Legislature.
1t is the general opinion among the
lawyers of the State that our judiciary
ssytem is unnecessarily expensive. To adj
minister justice in Virginia. it takes one
hundred and twenty-one judges and one
hundred and ten Commemorative Attor-
neys; while in the State of North Caro-
lima. which has about the same population,
area and wealth. the same work is done
by about one-sixth as many officials. This
subject has received the careful atten-
ton of the Bar Association of the State
Mr.. +. G. II. Kean. in the Association
reports of 1889. points out many defects in
our system, and Hon. j. c. Parker, in his
paper before the association in 1897. sub
mitted a carefuliy-defined plan of curing
the defects and lessen;ng the expense. He
advocates the aboishing of both county and
circuit courts. and substituting therefor
twenty-five district courts. and. instead of
having Commemorative attorney for
each county, having one for district COM
posed of from three to six counties. Under
his plan the district courts are to have
both criminal and civil jurisdiction. and
are to meet in each county at least once
in every two months. Mr.. Parker shows a
saving in favor of such system of s105.oe0
annually. His plan cannot be here set ont
IN detail. but it is worthy of consideration.
not only on account of its great saving
to the State. but because it affords oppor-
tunity for more speedy determination of
litigation.
Next to the suffrage question. 1t Is anti
cipated that nothing will bring forth so
much debate as the pronosition to lessen
the number of judges and Commonwealth
attorneys. and to abolish certain county
Offices thought to be unnecessary
The influence of the gentlemen holding
these offices is very great. and reform in
this direction would seem HOPELESS unless
the neople be aroused to its importance
and it be made an issue IN the selecton
of members of the convention. In intlmat-
ing that the influence of the judges and
Commonwealth's Attorneys of the State
would be against economy In the Judiciary
system mean no reflection on them
I only mean that it would he angelic. not
human. for any man to be able 10 see mat
the public welfare demanded his o1hciat
John GARLAND POLLARD.