New-York tribune., 1904-10-06
LETTERS TO THE EDITOR.
INsIDIOUs CORRUPTION OF JUDICIARY.
Dangling Before Judges the Great Prizes of
Political Office.
To The Editor OF The Tribune

To The Editor OF The Tribune
sir IN the Tociferous discussion Of men methods
policies and tendencies incident 70 our quadren-
nial inventory OF political assets and liabilities
now IN progress and approaching climax there
has been the usual contribution of wit wisdom.
folly and irrelevancy TO which we are all accls-
toned There IS. however. one phase or tendency
which cur1ously enough I have not heard men
toned and Vet one which would seem 10 be worthy
OF serious consideration
In the formation OF our government one of the
chief aims of ne trainers OF the Constitution was
the complete separation OF the respective duties
and responsibilities OF the executive legislative and
judicial functions To the phrosophic student OF
OUT form OF government the apparently h1ed pur-
pose OF the American people 70 preserve at all haz
ards the independence Of the judiciary has al
ways been recognized a. the great conservative
force in our system. Now. it seems TO me that in
the selection OF candidates for high executive
ofice. taken from the judiciary. there has been a
very insdious and dangerous progressive innova-
ton instituted by the Democratic party. Political
ambition is an important and essential condition
OF successful popular government. but the removal
or the judiciary from active participation in con-
tending for the prizes of political life IS still
important In the numerous complicated Ques-
tons submitted 10 our courts there must often be
those having a political bearing Once allow
Presidential ard Cubernatorisl bees to buzz IN the
bonnets OF our judiciary. what guarantee can we
have that opinions Will be written with refer
ence to their future political eject? The atrnos
phere oP . court Should be tainted bv no silcb
possibilities. and am firmly Of the opinion that
II the coming certain defeat Judge Parker. and
probable defeat Of Judge Herrtck. could in some
way be associated IN the minds Cf the American
people with their desire TO preserve their judiciary
IN the future from the temptations Of political
ambition. distinct gain and definite safeguard
I would be added 70 our form Of government. En-
croac hmeuts Of the executive upNu the legislative
. functions OF government be regulated with
comparative ease as long as the judiciary. intact
/ and above suspicion. remains 70 hold the balance
I of power between them
To the selection Presidential candidate Of
The chief Judge of the highest court OF a great
State, 70 a similar selection from the Supreme
Court of the United States is only short step.
I and Il - respectfully submitted that such de-
partCTe from established precedent would corst-
tute grave menace 10 our institutions
commend these suggestions TO the extrater-
rtorial consideration or the so-caIled Constitution
Club body which seems to regard the Supreme
Court q the United States n g-inE unsolicited
/ aid IN the Interpretation OF thu Forstff1l-fo1
And l suggest further that the eypres-ed desire
cuence 10 prevent the eucroaChrlerr cF the ex-
ecutive upon the legislative sphere y action might
now IN one OF It's bulletins he altered in appIlCa-
( ton. and that instead of unfouIded attacks upon
the present Executive the club might what
ever influence Z may possess IN the councils Of its
party 10 expose the danger Of the possible future
corruption OF the judiciary by subiectinE II TO the
ter1pta to1s incident % sire for exalted politi-
cal preferneut- SAMUEL, I. PAEPTSFI
southampton. y. Y. oct s. 1904