The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-07
THE BAR IS RESPONSIBLE.

One reads with great interest the
discussion before the Minnesota State
Bar association relative to the direct
primary law and the judiciary. The
subject was discussed before that body
the primary law found strong advO-
Gates and ardent opponents, and finally
the association adopted a resolution
urging the selection of judges by sepa-
rate judicial conventions.
We sympathize to a certain extent
with those who feel that the present
primary law compels the introduction
Of the party element into the choice of
judges. The misfortune lies in the fool
ish change made in the primary law
itself, under the inspiration Of enemies
Of the entire system. Since the voter
at the primary has to declare in adj
vance his party preferences, partisan
ship is established as the basis of the
primary system; and independence in
voting, that great corrective of so many
abuses is discouraged by the law.
At the same time we do not see that
the situation would be in the least i'm
proved by having conventions to nomi-
nate judges. These conventions would
be dominated, just the same as they al
ways have been, by the political ele-
ment and we should have party can
didateS for judicial office selected in
too many instances for their influence
impartiality in judgment or their
knowledge of law.
If this is the case, however, who but
the members of the bar association are
responsible? There isn't the slightest
doubt that they could cure the evil
themselves in a twinkIing if they
wished to. So busiIy are they engaged
in taking the mote out Of the eye of the
primary law that they neglect the beam
in their own. Judges of all degree
| must, of course, be selected from the
| ranks of the legal profession. The fol-
lowers Of that profession, namely, the
members of the bar, are the best judges
| of the fitness of their associates for
such promotion.
Assume for a moment that every
lawyer Of ability and good repute is an
active member of the several county
and state associations, that he attends
all the meetings and takes part in all
| the deliberations and votes, and that he
is ready and willing to stand by a
movement to have the bar association
name judicial candidates without ref
erence to party. How long would
| primary law or convention system or
| anything else stand against such a
professional recommendation?
The bar association has it within it's
| power at any time to force the hands
of the political parties. If it's members
are diligent and patriotic, If they them
selves are willing for the occasion, in
| the interests Of the public good and to
| the honor Of their own profession, to
drop political preferences altogether
and to agree upon the most suitable
candidates for judges, no party and no
system would dare oppose them. The
men whom they selected would either
be named at the primaries, or they
would be named independently. Either
their names would be on both party
tickets, or they would be elected with
out the Endorsement Of any party.
It would be perfectly useless to op-
pose in any way candidate for Judge
who had the unanimous Endorsement
and support Of his legal brethren for
the position. We believe that mem
bers of the bar association are sincere
| and well-meaning in their desire to lift
the bench out of politics, but we must
suggest that their own house should be
| set in order.