New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-11-07
JUDGES AND THE CAMPAIGN FUND.

JUDGES AND THE CAMPAIGN FUND.
We confess to a feeling of disappointment
as we read the affidavit of Mr. Justice Bischof
that he contributed $1,000 to the Democratic
campaign committee TO cover printing and other
expenses in connection with last Tuesdays
election. We have the highest respect for JUS
tice Bischoff, advocated his denomination by
the Republicans, and rejoice in the unanimous
reelection which his character and his service
on the bench have so well earned. We do not
question that he acted conscientiousy in thus
yielding to the demands of party upon Judge
whom it consents to support. Nevertheless, it
does crate upon us TO see in operation system
which tends to undermine the policy of keeping
the judiciary out of politics, and gives party
men valid reason for Directing to the retention
of political opponents on the bench.
The habit of exacting large campaign contri-
buttons from judges is in itself bad one.
Several justices, notably Justice Barrett, de-
nounced it before the Mazet committee. Yet
it is pretty firmly established, and when n
sharp contest is made for seat on the bench
il is natural for each candidate to contribute
TO the expenses of his party campaign. Too
frequently, fear, that contribution has had
much the nature of a forced payment OF a
percentage of the calculated profits of a four
teen year term. But whatever may be said Of
contributions for contested campaign, the
judge who seeks or accepts a non-partsan cleo
ton should not be considered a subject for such
leyies. The ideal of a nOn-political Judiciary
which points to the duty of giving unanimous
reflections involves the reciprocal obligation
of non-partisanship on the part of candidates.
We have known judges with nominations from
both parties to make equal contributions to
the expenses of both. Under the old election
law. when parties printed their own ballots and
n mans candidacy, even when unOppOsed,
meant expense to his supporters that to be
expected. But now there is absolutely no ex-
pense attached TO such candidacy. The Demo
cratic party did not lave to spend one cent to
cast its vote for Justice BiSchoff His large
cOntribution-more than - per cent of years
salary--was merely a contribution to the cleo
ton of Mr.. Mcclellan and the defeat of the
fusionsts, whose nomination he had accepted
and who were entitled to expect from him. Is
became a judge. neutrality on the political
questions contested between them and his
other supporters. We do not say this because
Tammany happened TO be the recipient of
this aid, though it did go to swell that great
corruption fund which was used lavishly to
buy votes on Election Day. The same standard
should apply everywhere and when a Republic
can Judge up the State accepts a Democratic
nomination he should be estOpped from promOt-
ing Republican party fortunes by work or
money.
1t is desirable that judge should take no
part in party politics anyway, aside from voting
according to his convictions. but it is especially
desirable when he appears not merely as a
Judge but as an embodiment to the public of
the principle that parties should, and may,
without injuring themselves join TO keep pO-
litical opponents on the bench. How long will
any party be willing to support men on the
theory that they are nOn-combatants who are
giving valuable support to their opponents?
AS well expect soldiers to respect a Red Cross
flag when those who bear it are CARRYING am
munltlon for the enemy. 4 judge is supposed
TO be political non-cOmbatant at all times
especially when he accepts the support of both
parties BY common consent Justice Bischoff
was made an exception by fusionists to the rule
that they would support for no office man who
worked for Tammany or who accented Tam
many support. Would the exception have been
made with clear understanding that their
candidate was TO be made after all potent as
sistant of Tammany? We call attention to this
matter without wishing TO cast any reflections
upon the good intentions of Justice Biscbof.
but with the hope that public sentiment and
party usage may bring about better customs
otherwise the habit of continuing good iudgps
IN Office at the sacrifice of natural Marty amhi
ton to win these high prizes of public life will
not persist