The independent., 1904-11-10

iect to confirmation by the senate so
far as corporate wealth can exert in
f1uence, either upon the president or
the senate, no Judge can take his seat
upon the federal bench without the
approval of allied plutocracy. 1t is
not charged that such judges are cor
ruptly influenced. But they go upon
the bench knowing what influence pro-
cured their appointment, or their con-
firmation, and usually with natural
and perhaps unconscious bias from
having spent their lives at the bar in
advocacy of corporate claims. Having
attempted as lawyers to persuade
courts to view debated questions from
the standpo mt of aggregated wealth,
they often end by believing sincerely
in the correctness of such views, cnl
not unnaturally put them in force
when in turn they themselves ascend
the bench. This trend in federal de-
cisions has been pronounced Then,
too, incumbents of seats upon the fed
eral circuit and district bench can not
be Oblivious to the influence which pro-
cures promotion; and how fatal to con-
firmation by the Dlutocratic majority
in the senate is the expression of any
judicial views not in accordance with
the safe, sane and sound" predomi-
mace of wealth.
AS far back as 1920, Mr.. Jefferson
had discovered the 'sapping and min
ing" as he termed it, of the life-ten-
ure, appointive federal Judiciary, ow-
ing to gratitude to the people for their
appointment and fearing no incOnve-
ience from their conduct, however ar
bitrary, in the discharge of such Of
flee. In snort, they possess the auto
cratic power of absolute Irresponsible
5 ityssStep by step. one goes very
far, says the French nroverb. This is
true of the federal judiciary Gulnpare
: their jurisdiction in 1904, when Mar
shall ascended the bench. and their
Jurisdiction in 1904 The constitution
has been remade and rewritten by
the judicial CLOSES put upon it. Had
it been understood in 1887 to mean
what it is construed to mean today, II
is safe to say that not a single state
would have ratified it. This is shown
by the debates in the state conyen.
tions, in many OF which the bare posi-
bility Of much less Objectionable con.
struction Yves bitterly denied and vel
nearly caused defeat of ratification. II
1899, in his letter. to Mr.. Barry, Mr.
Jefferson said that 1t was imperative
that the United States judges should
be made elective for q term of years
ard suggested six years as the period
The tenure Of judges for term O
years is the popular will and judgment
as is shown by the adoption of tina
method in forty-one states. 1t ha;
worked satisfactorily in those states
else they had returned to the appoint
i've life-tenure The latter system O
selecting the United States judges hal
not been satisfactory 1t lends itScl
to the appointment OF corporation at
torneys, whose natural bias, howeve
honest they may be, is adverse to an.
ruling that will conflict with the view
maintained by them while at the bar
The life-tenure is especially objection
able. because the conduct of the judg
g bnypnd~ review by any authority.
more autocraliS- snyi ssstterlY irrespon
sible authority nowhere. eiSss Tim!
that os the United States judges
clothed with the power to declare vol
acts of congress and rendered by life
tenure free from any supervision b.
the people or any other authorit,
whatever.
An elective judiciary is less partisan
for in many states. half the judge
are habitualy taken from each part
and very often in other states the sam
men are nominated by both parties
notably the recent selection by re
publican convention of democrati
successor to Judge Parker. The peopl
are wiser than the appointing powe
which viewing judgeships as patronag
has with scarcely an exception lille
the federal bench with appointees G
its own party. Public opinion, whlc
is the cornerstone of free government
has no place in the selection or 81
peryision of the judicial augurst Wh
assume power to set aside the will
the people when declared by congres
and the executive. Whatever thel
method of divination, equally with Tn
20 ALL <hox oro q law IN then