Pine Bluff daily graphic., 1902-11-21
OFFICE: 900 West BarraCue Street
POLITICS AND THE JUDICIARY.

POLITICS AND THE JUDICIARY.
Hon. Rufus w. Peckham, the jun
ior Democratic associate justice Of the
limited States supreme court, in an in
terview printed in the Chicago Rec
ord.Herald. makes a very interesting
and entertaining talk on politics and
the judiciary. When asked if mem
ber of the judiciary should take part
in political campaigns he said:
Decidedly not, | should say. 1t
would be in derogation of the dignity
and responsibility of the office he
holds for him to engage in politics.
The primary requirement OF a judge
is that he shall, SO far as in him lies,
be absolutely impartial. He is but
man. subject to the influence of pre-
iudices and opinions. albeit unconsl-
ously, none the less certainly. How
much the more then must he be sway
ed in reaching and announcing de-
cision upon some political question
when he has just come from poll
tical meeting, applauding the sentl-
ments of the speaker regarding the
very question presented to him, or
possibly from the stump itself, where
he has been advocating the view held
by one or the other party toward the
question.
1.-The people look upon the judicial
branch of the government as the
last redoubt not yet captured by poll
tics. as the ultimate decider of the
laws, and they demand integrity and
impartiality on the part of the judges.
So for the permanence and security
of the present order it is almost as I'M
portant that there shall be the ap-
pearance of integrity and impartiality
as that these shall really be the char
acteristics of the judges. That abso-
lutte justice shall be administered by
the courts is the first essential. and
in a case where the interests of a
political party are involved the judge
may dispense absolute justice. But it
would be difficult to convince the lay
mind of that fact, especially where
the Judge has been engaged in cam
paign out of which the controversy
has arisen. and impossible where un-
der these conditions he decides for
the candidate of his own party
What Judge Peckham says is true,
and it is great pity that the policy
he outlines is not the standard of
every Judge on the bench, from the
humblest to the highest court. The
evils of the influence of politics upon
the courts of the land are apparent
everywhere. and in many instances
reaches the stage of scandal. 1t is
too often the case that Judge is bias
ed in his decisions by politics even IN
civil actions. wherein matters poll
tical have no connection with the
case on trial. Too frequently the plain
tiff or defendant possesses an influ
ence in politics that makes the judge
on the bench partial in his rulings
and decisions because of desire tC
ststand in with" the political boss
who is a party to the suit. 1t is but
human for the Judge on the bench tC
endeavor to curry favor with those
to whom he must look for support fol
continuance Of preferment. but the
judge on the bench (and there are
many of them) who allows political in
fuences to cause him to render de
cisions contrary to justice is an un
fit person for so responsible posi-
tion, and whenever the public dis
covers such man on the bench he
should be kicked off the seat he dis
honors at the next election. notwith
standing the efforts OF the political
bosses to keep him there for theil
own selfish purposes.
STUTTGART is one of the most pro