The Indianapolis journal., 1903-01-12
OUR JUDICIAL SYSTEM.


Senator Dausman's joint resolution for
amending the Constitution in some of it's
provisions relating to the judiciary should
receive careful and candid consideration.
Constitution tinkering is bad practice.
but when amendments are proposed which
il is claimed would effect real reforms
they should be fairly considered. con-
stitution is never too sacred to be amended
ii it can be improved. The process of
amending is made so difficult by the Con-
stitution itself that there is no danger of
hasty or inconsiderate action. The old Con-
stitution contained a provision that every
twelfth year after the Constitution had
taken effect, at the general election for
Governor, there should be poll opened in
which the qualified electors of the State
should express, by vote, whether they
were in favor of calling a convention to
amend the Constitution, and If a majority
voted in favor of it it was made the duty
of the Legislature to call such conven-
tion. Under this provision the people voted
twice against a convention, but the third
Constitution was in force thirty-fve years.
and the present one has been in force fifty
one years, with few amendments in the
meantime. 1t would not be surprising If
experience and changed conditions should
make further amendments necessary from
time to time. Therefore, any amendment
which is proposed in good faith should re-
ceive careful and candid consideration.
Senator Dausman's resolution proposes to
make the Supreme and Circuit Court judges
appointive. by the Governor, by and with
the approval of the Senate, and to serve
for life. or during good behavior. The
avowed object of the proposed change is
to remove the judiciary from politics. The
object is a good one, and no doubt the
change would contribute to it, but there
is no probability of its adoption, at pres
ent Under the old Constitution the ju-
dietary was a mixed appointive and elect
i've system. The Supreme judges were
appointed by the Governor for term of
seven years, presiding circuit judges were
chosen by the Legislature for the same
period, and associate judges were elected
by the people. Under the present Consti-
tuition all judges are elected by the people.
The change was a concession to popular
suffrage and is not likely to be reversed at
present. Many persons are of opinion that
a judiciary composed entirely of judges
appointed for term of years would be
more independent and less liable to be
;0a,
clamor. and some lawyers would even favor
life tenure for judges. The latter is one
of the best features of the federal judiciary.
In all the New England States all judges
are appointed by the Governors for long
terms, and in Massachusetts they are ap-
pointed for life. In some other States they
are appointed by the Governor or elected
by the Legislature. In 1873 the association
of the bar of New York city made a state
ment of reasons why judicial elections
had been disastrous and should be aban-
doned I'm that State, in which they said
judicial elections have, in our opinion, as
a rule, been unfavorable to the selection OF
men of the greatest ability and attainments
for the bench, and not less unfavorable
TO the prevalence OF courage and fidelity in
the discharge of judicial functions. The
| Judge who reaches the bench through Z
| party contest at the polls. when one por.
| tion of the people support and the other
oppose him. by no means finds 1t as easy
| to be impartial, nor do lawyers and suitor.
| find 1t as easy to believe him impartial
as IL he had been appointed by the Gov
ernor and confirmed by the Senate" The
report also stated that popular election:
had proved prejudicial to learning anC
| character among lawyers and had weak
ened the whole judicial system. 1t wa.
Massachusetts had had only eighteen Su
preme Court judges and terms New Yorl
| had had 160 in her Supreme Court and 12
| ir her Court of Appeals. The argumen
| was pursued at length Mr.. Mill in '.Con
sideratons on Representative Govern
ment." published in 1861, said: 1.-The prac
tice introduced by some OF the new or re
| vised Constitutions of America OF sub
| hitting judicial offices to periodical pop
| ular elections will be found. 1 apprehend
to be one OF the most dangerous errors eve
committed by democracy" Yet the move
| ment in that direction has continued, an
judges are now elective by the people in
majority Of the States. That 1t does expos
judges more or less to the influence OF pol