The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-09

partisanShip in the judiciary. There
is. however. much merit in the conten-
tion for a minority representation. Our
higher courts have 1t. The constitu-
tion recognized its wisdom.
FOR IT'S MORAL EFFECT.
I'VE ought to get the best man at
this bar for the vacant judgeship with
out regard to his politics or religion.
Yet | would like to see a Democrat on
the bench for the moral effect il would
have on the community. The judge
ship Is an office near to the people.
Every community Is liable To upheav-
ais such as riots and the like. Both
parties arc likely to be represented in
them. A decree from Il partisan bench
would he less potent in such an emer-
gcncy than one that would come from
the representatives of both sets OF par
tsans."
Ex-Judge Willard, in his usual terse
and vigorous way. called for action.
He said: II know from Senator
Vaughan. who is here. that Governor
stone will listen to the voice Of this
meeting. The bar is here. What are
you going to do about it? The COVER
nor proposes to be guided by this bar
in a large measure in making his Sc
lection"
Then speaking on the resolution
which he had offered ne said us it
right. just or fair. with two Republic
cans on the bench. for us to get to-
gether and ask the gove,n nor to appoint
a third Republican? Minority repre-
sentation in the judiciary should pre-
vail. If it is the sense of tho bar that
a Democrat should be appointed, let
| the Democrats withdraw and select
| one, and we will endorse him."
| (Cheers).
James Mahon made n lengthy speech
| reviewing the question of non-partisan-
| ship in American government from the
| time of Washington down to the pres
| ent. and drawing the conclusion that
| -partisanship in the judiciary is Il
| fallacy.
MIR. ZIMMERMAN AGREEABLE.
| Il. 4. Zimmerman, one Of the Re-
publican candidates for the judgeship.
said: II am Republican. I am in
| favor of Il Republican being appointed
| and am a candidate for the appoints
| ment. But If the governor of the state
| will recognize the voice of this bar and
| that voice declares in favor of a Demo-
crat, l am content to bow to that sem
timent."
After d. p. Replogle had declared
| himself Democrat and given his
views on n.partisarship in the judi
ciary. Chairman Torrey presented the
| Willard resolution to tn" house.
Mr.. Holgate renewed his motion to
table. Chairman Torrey stated there
had been no second. If there had been
second. Mr.. Torrey added. the de-
bate would not have been permitted.
+. r. Ackerly supplied the wanted
secondng and the motion to table was
put. 1t was lost by an overwhelming :
vote, apparently not more than half
dozen voices being raised in its
support.
Mr.. .Ackerly. with JOHN G. McAskre
as his second, moved that the vote bs
by ballot. j. f. Watkins moved as an
amendment that it be viva voce. There
were a dozen seconds and the amend
ment carried with only few voices
against it. The Willard resolution was
then adopted unanimously or practi-
cally so, only few nays being heard
Then Major Penman took the fiool
with his resolution, reading as follows'
Resolved, That 1t Is the sense of this
bar that II the present members OF the
court wish to succeed themselves thcS
should be reelected without opposition.
Last fall" Major Penman said. 81
was one who favored Judge Gunster'.
nomination by the Republican conven'
ton. Some of the leaders were criti
cised for this action, because, as Mr.
Holgate says. the Democrats fail Il
reciprocate. The proposition l presen
should be made precedent Just al
much as should the one we have
adopted
MIR. HOBANS POINT.
II. p. Hoban raised the point Of orde
that it was not within the scope o
the meeting, but the point was declared
by Chairman Torrey to be not wei
taken, as there was nothing to confin
the meeting to any particular business
Z. c. Newcomb deemed the resolu
ton premature. NJ. w. Lowry believed
It ineXpedient as the flight of tim
might bring about conditions tending
to make the honoring of such preced
ent embarrassing w. II. Gearhar
, thought it njudicious and moved to la
, it on the table.
!. Major Penman explained that he sim
ply wanted to get an expression fror
the bar that its espousal of the prin
ciple of a non-partisan judiciary wa
not momentary, but permanent; tina
it was earnest to the extent of sayin
1t would favor the continuance in offic
| Of a Judge who serves the office wei
despite what his politics may be. TIL
manner In which the meeting woul
treat this question would have its ef
Iect on the governor, Mr.. Penman wa
assured. when His Excellency comes
make the appointment. The GearhaI
motion to table the resolution passe
by another large majority.
Cornelius Comegys, seconded by Nj
Holgate. moved that the full proceed
ings of the meeting. including the ac
ton on the Penman resolution, b
transmitted to the governor. This pre-
vailed without objection.
Ex-Judge Jessup then suggested tina
the bar indicate to the governor Il
choice among the Democrats for tn
appointment. Ex-Jmdge Willard sec
onded ex-Judge Jessup's motion en-
bodying this suggestion and 1t pre-
vailed. Mr.. Newcomb urged strenl
ously that the selection should be LEI
to the Democratic members Of the ba
MR.. BURNS DIFFERS
III. Burns opposed Mr.. Neweomb
idea. saying 1t tended to the ver
thing they wanted to avoid-partisaI