The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-11-10

must account to their constituents. But
| the judiciary hold for life, and though
popular sentiment should change the
entire personnel of the other two great
/, departments of government. whole
generation must pass away before the
people could get control of the judi
ciary, which possesses an irresponsi-
| BILE and unrestricted veto upon the ac-
| ton of the other departments-irre-
lsponsible because impeachment has
become impossible, and if it were pos
| sible it could not be invoked as to err
roneous decisions, unless corruption
were shown.
In the state governments the condi-
tions existing in 1887 have long since
been changed. In all the states che
governors and the members of the
general assemblies have long since
been made elective by manhood suf-
frage. In all the forty-five states, save
four delaware, Massachusetts, New
Hampshire and Rhode Island, the.
judges hold for term of years. and
in three of, these they are removable
las in England) upon a majority vote
| of the legislature, thus preserving a
supervision of their conduct which is
utterly lacking as to the federal judi
ciary. In Rhode Island the judges
were thus dropped summarily, once.
when they had held an act of the leg
islature invalid. In thirty-three states
the judges are elected by the people,
in five states by the legislature and IN
lseven states they are appointed by the
governor with the consent of the SEN
ate. Even IN England the Judges bold
Office subject to removal upon the vote
iof bare majority in parliament Mt
though there the judges have never
asserted any power to set aside an act
LOT parliament. There the will of the
people, when expressed through their
representatives in parliament, is final.
The king can not veto it, and no judge
has ever dreamed he had power to set
it aside Professor Bryce overlooked
these essential differences in avowing
his preference for a life-tenure, appoin-
tive Judiciary in this country
A greater power, however, is claimed
and has been often asserted by the
judges in this country. Subject to no
supervision or revisal from any source,
1T is absolute power. If the federal
judges were elective. and for term
of years, as state judges have become,
there would be the corrective force OF
public opinion, which could select
judges at the expiration of such term
more considerate of the policy in pub
lie matters which is approved by the
statutes enacted; while in all private
litigation elective judges would be al
together as efficient as II appointed
for life.
Given by the constitution of 1887 |
the choice of only one-sixth of the |
government-the lower house of con-
gress-the people soor forced the trans
fer Of the choice of presidential electors
to their arbitrament and then by COM
mon cSzsaant the electors were made |
mere figure-heads, CoAYalled to. vote |
for the candidate for president whose
name is placed at the head of the bal
lot on which the electors are voted |
for. Legally each elector is free to |
vote for whom he pleases, but no cleo
tor has ever dared violate the implied |
order given him at the ballot box. |
Thus, without changing letter in
the constitution, the people early cap
tured the executive department and I
practically vote direct for president
and vice president
For years a similar struggle has
gone on to secure the election of Unit
ed States senators by the people. At
least four times the house of repre-
sentatives has passed bill to amend
the constitution to- provide for the
election of senators by the people, and
each TIM the vote was either unani-
nous or practically so. The measure-
has, however, never passed the senate,
which is to large extent filled, as
the federal judiciary is, by the influ--
ence of corporate power and very often
by the selection Of the attorneys Of
those corporations. The bill to elect
senators by the people has not been
defeated directly. but by the chloro-
form process of referring the bill to
some committee which shall not re-
port it for vote thereon in the open
senate In many states it has been
IL 4