davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
Political Considerations Have Little Influence PIac-
ing a Man Upon the Bench of the
Higher Courts of England.

which they rightly attach the most supreme i'm
portance.
Political considerations carry weight
whatsoever in the nomination of judges Of the
higher courts in Great Britain. and there are
few Cabinets which would dare to offer nomina-
lions for judicial preferment to lawyers in rec
ignition OF purely partisan services Indeed
one often finds in the records of the past cases
of the Conservatives appointing Liberals, and Of
Liberals nominating Conservatives to the bench,
and so boundless is the belief of the govern
ment and of the people in the absolute i'm
partiaIity of the Judges that when the latter
called upon determine contested parlia-
mentary election cases nobody ever dreams Of
inquiring as TO what political party they may
have belonged
Eninence at the bar is the principal qualif
cation demanded by the government and by the
people for promotion to the bench. The judges
are chosen exclusively from the Kings Counsel,
and the possession of what is known as "the
silk" implies a long and honorable career as
an advocate It is from the leaders of the legal
profession that the judges are recruited, and
the average minimum age at the date of ap-
pointment being fifty they are usually in the
enjoyment of large and lucrative practice when
the ermine is offered to them The English
people. realizing that 1t would be unwise to de-
mand too heavy pecuniery sacrifice on the
part OF the candidates for the bench, pay their
judges exceedingly well, the usual salary being
$4,000 year, with retiring pension for life
Of more than half that amount. This in con-
junction with the immense prestige of the office,
its social distinction. and the knighthood by
which it is invariably accompanied, contribute
to make UP inducements sufficiently strong to
tempt successful lawyers to abandon their prac-
tice at the bar for sea- on the bench
Before a lawyer can attain to the dignity OF a
Kings Counsel. from which. as have stated
above, the judges of the higher courts are ex-
clusively recruited, he must have given many |
proofs OF his fitness proofs not alone to the Lord
High Chancellor who in the name of the Crown, |
confers upon him the silk" but also to the Inn
of Court through which he obtained, in the first
place his call TO the bar To begin WITH no one
is admitted to the latter who cannot furnish evil
dences of an education OF a high order. Of a rec
ord wholly free from scandal and of the posses
sion of a certain amount of financial indepen-
sence. the payment OF the fees being heavy.
Trade bankruptcy and number OF other things
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
JEROME MAKES soME CoNTRASTs.

NJ, jerome backs up his appeal for an appointive
.loaaEy By contrasting the judiciary OF this State
N.a 1hEt CT tho national government.
Lave you ever thought" he sa4d, s71ow oev
A0osls are even limited against the federal fndi-
11ES' the members OF which are appodnted7 But
.H'A u comes 70 the State judiciary DID you
:, attend consultation OF lawyers and hear
80 80 say That such must not be brought be-
- - Huch judge because he had such q connec-
- OF INTEREST," Such cautions continually pass
- a Massachusetts. where the State judiciary is
LssSuIeos there ts suggestion OF corruption: no
s- q interest or personal feeling Is ever heard
ANS coFardsce Of the bar IS responsible as much
auVtdng else for the conditions Of which I
- - hurts me to zee members Of my own
~sn have TO petition bartender for the
.Iese q re-elect1ng men who have served them
rl1.s'torly on the bench. TO SEQ them go TO
- 1le murphy, a common harten6eT, hat IN hand
Iss D.e&a TO be elevated to pass lives, our
- and our property: it Is something for the
Sa[ TO think about
= Aeel very bitter on this matter, and viii not
- % night this condition "a Office and out of
ssIe whether professional brothers at the bar
fhe ~ ~ ne light or not VIII fight them whether
~. nights them or not
SuSseeaA year there VIII be another election OF
az S1 aty Judges elected then Have the members
e7ses--1 lily Club thought about this matter2 I
mat t many persons. all told, have given the
talis5 - tiIacn thought But the politicians have
sa- 80 dried DOW The bar has said nothing.
me- - years election had much to do With the
vac were chosen for those positions this year.
"as cicker1ne back and forth among the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
NEPOTIsM IN APPOINTMENTS.

Frank r. Lawrence, president OF the EotUs
Club says that there is danger OF neDOtis1n IN
an appointive system for selecting judges.
AFTER thirty-4fve years experience at tas BarsS
he says considerable part OF + devoted TO active
court work I have no hesitation In saying that
believe the election of Judges BY the people fog
fixed long terms and at adequate salaries Is Tar
preferable to any system Of appointment that can
be devised Whatever the system. elective or ap4
ponttve It will be less ttnged with polft4cs
and In case of an appointivs system the danger
will be of politics plus nepotsn- Under appointing
eysterns places upon the bench may easily De rQu3
for needy relatives Of the who apDO1ntsi and
IL IS as bad that a man should become 5udse "a
this way as that he should owe his place 20 s
more In accordance with institutions and that
It should be adhered to. think the judges t1
This State and especially IN this county, desaEga
and command the perfect confidence and reSpeot oe
the community and do not think The stand9Ft9
would be raised by changing The system u1de4
which the judges are chosen
az do think It would be greatly TO the atFaInoa3a
of the courts If instead OF making any man we
has ever been admitted a lawyer eligible 20
election as fudge, which Is the present rule the
choice OF Judges, at least 70 the higher courts
among lawyers who have bean, for say I'VE or ten
years engaged In the active practice of their Pro-
fessiou and in the trial OF cases IN court n
that way the elevation TO the benGh OF i1a1loeEk.
enced men not conversant with thA rules P'f11cl
govern the trial Of cases, might be prevented en9
anpeaIs reyersals Of judgments and the ordeE1n8
Of new trials largely diminished.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10

position on the board of jurors And have the
temer1ty to suggest that the indorsenenI OF d
board of pastors which includes the leaning
minister (or ministers) of each sect. would net
be without its use to secure men of that GOO
fearing nature which best serves to keep the hoIy
of HOLES pure
WANAMAKER FOR APPOINTMENT.
John Wanamaker. whose home is in State
where the judiciary is elected. holds nevertheless
that judges should be appointed. Il believe" he
said. that it would raise She character of the
judiciary If the appointments for short terms
and removals were made for dishonesty in office"
BOSSES NOW APPOINT JUDGES.
Judges are practically appointed in this State
at the present time" said John A. Weekes, author
of the contract marriage law. and for many years
chairman of the Codes Committee of the Assembly
at Albany. Nowadays local bosses appoint the
members of the bench. The question, therefore, to
my mind. is not whether judges should be elected
appointed The question is rather, should
boss, official elected by the people, holding
a highly responsible post, appoint them. Shall the
members of the bench be chosen by the local
party bosses in return for party services, in
consideration Of large money payments IN the
form of campaign contributions, at the request
of corporations in order that they may have rep
resentatves on the bench; or. on the other hand,
shall the Judges be appointed by some one occupy
by and with the consent of the Senate?
shown believe BY the personnel of the Federal
judiciary The practice t OF appointment OF judges
Dy the PRESIDENT Win lne cnSch on SUCH dp-
pontments that they must be passed upon favor
ably by the Senate has worked well. given us on
the whole good judges, and inspired the confidence
of the people. Such system is to be preferred
to the system Of choosing the judiciary In this
State by election, called.
I'm most of the other countries OF the world
Judges are appointed The elective system to be
FOUND in various States Of the United States stands
almost alone.
"Of course It occasionally happens that the
people become aroused and resent the usurpation
Of their rights by boss, and succeed after
most strenuous campaign in defeating him; but
generally after the smoke OF battle has cleared
away they only find that they have succeeded in
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
EDUCATORS SUPPORT JERoMR

Educators and clergymen- however, IN contrast
with lawyers. are strongly IN favor Of the ap-
poDttve system. All OF those whose views were
obtained united IN saying that Mr.. Jerome was
making fight IN the right direction. Such men
as Chancellor MacCTacken Of New-York Univer-
atty and Professor Burgess, Of Columbia, pointed
cut that judiciary that Is appointed by some re-
sponEbls authority is OF higher standard than
one that Is elected. The federal bench the men,
DeEs OF which appointed, has proved Itself SO
impartial so free from political bias. so far re-
moved from corporate influence that as Professor
Burgess says legal contestants appeal to the United
SUITES Supreme Court wherever it is possible.
Chsncslor MacCracker points to the New-YOrk
s1ohcaazys and tells Of ono case where he heard
mat the judge permitted himself to be talked to
OUTSIDE % court" The views Of these men ara up
esio BY John A Weekess author Of the Contract
1aEFiaSe Law. one OF the few lawyers opposed to
ne
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10

electing tha candidate Of the local boss Of the
opposite party.
Il believe. accordingly. that Judges should be
appainted, where their jurisdiction Is general oy
the Governor, with the consent Of the senate;
where local, by the local authority, with the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
SENATOR ARMSTRONG FOB REFoRM.

1--WE do not want our Judges appointed" saia
Senator William W. Armstrong chairman oS tia
Legislative Insurance Investigating Committee.
Whatever may be the fmperfectiona OF our pEese1s
system they win not be rsInedied BY taking tho
power away from the people to veto for their
judges The judges come closer to the people
than many other public officers and for this
the people should be permitted g cone ca - to
them by the ballot. Tho appointive system puts
a sort OF gulf between the electorate and tina
judiciary.
''Reform Is necessary. however The present
elective methods be improved not IN the FORM
OF ballot, but IN the system OF nomination. We
want direct nominations. We want 70 giKs 49,
Beginning. Conventions too often suppress fnstsad
of express public opinion. Men are placed on the
ticket. not because they are BEST lifted frr tina
positions for which they running. but tecauss
somebody says they must be nominated That -
all wrong.
be put up IN whom the people have confdcncs
'"Ihe appointiye system for tho Judiciary sai4
Henry W. Hayden, secretary OF the Union E.sar-gS
the elective system am IN doubt rasrssif V-bS.s
OF the two IS better. That al 5udEsshipr aS,s-lF
be divorced from pOH%iCS and spOils "a ~ Co.'s
me opinion OF every man, but neither the eis-ff
nor the appointtve system frees them from S5,is
Il have always been OF the opinion th.. -.
Judges should be selected by the nnernc-,-s'. -
By the elevation to the bench OF rnsn ~ ~. EtSs
sst character and attatuments, ana thus s1,F 49,
None. e seems 70 me. the political sisnss $500
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
9gy6V JUDGES APPoINTED OR ELEcTED2 CO.
COLUMBIA PROFESSORS REASONs

politicians because some could be put through this
next year"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10

men OF more merit and less Influenced by politics.
IMAM where the judiciary IS elected. The reason
Is Is, you can hold some responsible for ap-
svs 1T has t been said BY critics OF the appOluys
Judges Judges ne picks men Of his own party. and thus
~ i,3, politics into the bench think there
mas been the politics OF the chief executive %
been chosen from both the Repuocan aad ne
aeIn , parties AT the present tme Tor ak
can but the six Vice-ChaneeIIors are sqllaIfy al
Foster MacGo S19 w Vo5 15rsles ~ -.
C.ce 5SSy from 1888 to 800, agrees with sle-
judiciary IS superior to an elective In New
S9oS satiasa SAD, the present system has given
Tte9pponted and politics so far eliminated that
SHAH have equal representation on the j1Idcisri
no matter what may be the party In po5zer.''
ALTON B. PARKER AGAINST JEROME.
Alton B. Parker. ex-chisf Judge Of ths New
YORK Court Of Appeals and the Democratic csu-
ulo1e 1or PRESIDENT Ia 1914 thai the slea9sge
system Is greatly superior to the ap1otntiva f5x
the selection OF the judiciary
4 Inc reqclrernent OF the state Constitution thai
proved failure support OF this oifs - -.
the -5SSa4ne opinions Of the appellate COURTS OF
and SSeaIe are neld in high esteem By the bench
ouIranks the courts or EeyT-YoF n ~ SSH'r
midas e+ ~. me excellence OF the work az tha
small percentage OF reVsrsais - -
ci 1Io-L1he confidence Of the public In our t1di~
us individual members '@@ -
~ urth.-Judlcial nominations By TIA leader. nos
66pPloVeo py the people, have many times Led %
1ItS-- al Lne Dols- Hence leader Rra15srfiyy
S4 ss3s+b bor Tear Of the peoples yengeanca
- LII uulClal appointments however. nv
beyond the He n Leader OF tnS party IN power Being
made 10 please the o.sanizaton"
PEOPLE IN END ALWAYS RTGHr
i believe in governments BY the peoula. .a.a AZ
Linn Bruce. Lieutenant-Governor Of .ha -
Inc people may for time neglect to mind their
N"A business, and sven when they ara fnaIlus
aroused TO this duty they may make mistakes
DuL In me end they ara always right therefore
HaVor our present system Of an elective judiciary
win limited term Of Office. and am opposed to
the Lneory that the selection OF Judges shouI1 IA
i2vso as Iar as possible from the people, thereby
156SLLpyIhS mat the people to be trusted
S X e Reople may Ct times make unW1se 0hoiea,
put the TeSDolSI bty rests solely with them il
Lis mere VIII De an opportunity Tor Correction
Cnoer Lne elective system judges ara fucfted tf
hASn administration Of theEr trust not ONLY be-
cause they may - removed by impeachment or bys
the Legislature IOr cause, but also because at the
enc OF their term, they will be weighed 10 fhel
oaiance Dy the people, and IL found wanting, -
retired to private life.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
PEOPLE IN END ALWAYS RTeHn
CITY MAGISTRATES A wARNTyG.

without going into the arguments pro ana CON
on this very old question:" said Congressman WILL
lam S. Bennett. ~it seems to me that the advocates
Of the change on whom all the burden OF ths pFoof
rests. have not made out case Without making
the remark a criticism. do not think ogE city
magistrates, who appointive judicial officers
so greatly excel our other judicial officers TO AID
the cause of an appointfve judiciary"
IT think that judges, whether Federal or State
should be elected" said John Ford. ex-State Sena-
tor from this city and candidate Controller on
the Municipal Ownership ticket In the last cans
paign. 81 believe that the judges of the United
States Supreme Court should be elected instead oc
appointed at the present time. In fact. every
Federal Judge should be elected The judges Of this
State elected at the present tnle5 ana It WOULD
be backward step to return to the obsolete sys-
tenn Of appointing them The judicial department.
in State well nation, is slowly but surely
encroaching upon the legislative and executive de-
partments to q dangerous degree
THE Republican party is rapidly becoming COM
mitted to the policy that good judges should be
retained in Office Irrespective Of their party afa-
lions. When the people compel each Of the DOM
nant political parties 10 adopt and to adhere strictly
to this policy VIII have all the advantages OF
the good behavior tenure With the added benefits
of q judiciary chosen by the people and directly
RESPONSIBLE to them
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
APPOINTMENTS DISAPPOINTINA

.T am onposed to any change IN tia C0nsEt1uti01
NJ the state that wiz substitute appor11Vs foF
an elective Judiciary" said Samuel UIrharErayars
the corporation lawyer.
IT do not believe with Mr.. Jerome that sanh q
change would raise the standard. Our sxperisnes
with the appointing power as applied to Judges
has been distinctly Disappointing On the whole Ne
have Jared no bstter at the hands Of the 0ovsrooZ
than with the political parties. An Of than seean
to regard political service rather than efolendy a.
the test. This disposition has been s14dngiy e.
empIifed in the assignments Of up-cOunETy Judges
to our Appellate Division Of the Supreme CO7zsss
There has been a SAD confusion between pclitez
and efficiency in the executive mind
1T IS better that the records or our Judges a0lo
at stated periods be subjected to the Judgment &C
the people. The principle OF re-elecSing faitnZus
men has Of late years become 80 wen liked Lnss
no political party dares violate r.
what need Is not a change In netnoc3 O
selecting our judges, but more public and pTute2s
sfonal spirit and less subssEdency on TIA part g
the bar"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
MAJORITY AaATNsT IERoME.

Of The two currents Of public opinion resulting
from Mr. Jerome's denunciation of the judiciary
system of New-York State, the stronger at the
ureseut time is against him. A wide canvass of
representative New-Yoriers made by The Tribune
showed that the majority disapproved of taking
ne power away from the people of voting for their
;uszes The general feeling seemed to be that
With the right kind of ballot one with which
the independent citizen could take revenge on the
=aartv boss and could vote for the best candidate
halter judges would be chosen than would probably
Re nominated.
There is g strong undertow, however in favor OF
trst such a change as Mr.. Jerome advocates, and
n was learned yesterday that constitutional
amendment would be introduced at Albany this
winter TO carry out this reform Such amend
r,ent would have TO be passed by legislatures
and then voted on by the people. 1t viii be intro
suced It IS said, wholly free from the prompting OF
Nj. Jerome and by q Senator who IS well known
because Of his Independent views.
The Bar Association Of this city also viii take up
me subject il is said and, although most Of fits
members are opposed to a constitutional amend
judiciary Of this State. yet It is believed it win
take the next step, that OF advocating bill pro
limiting the contribution of campaign funds by can
sidstes for judicial Office resolution to this
effect will be introduced by Austen C. Fox, presi-
dent Of the association
aTt is time" said Mr.. Fox ''that those who pay
political assessments for places the bench should
not only be beaten the polls but should be ostra
cized socially. I have intended. for some time, to
offer resolution in the Association Of the Bar Of
the City OF New-York the subject of the con |
sinuation the political activity OF Judges and its
effect Of uniting them for impartial consideration
of cases involving directly organizations OF po-
1,tioa nature I shall offer such resolution at the
first opportunity
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
CHANCELLOR MeRACKEN's VIEWS.

Z favor the appointment of judges by the Gov
ernor' said Chancellor MacCracken, of New-4ork
University. These appointments should have the
approval the State Senate, and the judges should
hold Office during good behavior, upon the condition
that they be distributed in fair proportion among
for some o Years qs Nv c5ief reasons for this are
First my profound dissatisfaction with the encour
levying OF political assessments candidates for
upTem 5ges IN fbg citV In two or three in
stances, New York Supreme Judges, each sitting
one case, the judge by enjoining faculty against
discipning q slanderer. made himself laughing
stock to intelligent In second case 1T was
said OF the judge py one of the most prominent
permits himself to be talked to outside of court
which, It seemed to me- was no laughing matter,
State of OF Verm0nt' said B. B. Smalley. OF Burning
lawyer, but for his business career. He has been
United States Commissioner and the president OF
continued, takes place every two years. It Is my
opinion however. that our judges ahoqld be
right to resign with fun pay"
DR.. MORGAN DIX FAv0RS OLD SYSTEM.
at think it was a great mistake to make the
judiciary elective said the Rev. DIR. Morgan Dix
rector Of Trinity parish. land I should be very
glad to the old system restored, the tenure of
the Office being during good behavior BY whom
they should be appointed is question which
not at present prepared to give opinion
1T has been the policy of our national govern
ment to make its judges incumbents of this posi-
ton during HE or good DehaV1ors says the Rev.
DR. c. L. GOodell. pastor of Calvary Methodist
Episcopal Church Anything that viii remove the
office from favOritfsm and enable the incumbent
feel that he is absolutely free dispense justice
is desirable. Our judges must be above suspicion.
If the appointment should from the Governor,
as in many States the nominations should lie with
the Bar Association or some other non-partisan |
and public spirited BODY
1T is my opinion that judges should be appointed
to hold office during good behavior said William |
A. olin secretary of the Commonwealth Of Massa-
chusetts The appointment should be made by
the Governor subject to confirmation either by an
executive council, in this State, by the Sem
ate"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
LAWYERS FOR ELECTIVE SYSTEM.

The majority of the lawyers in this State at the
present time are opposed to Mr.. Jeromes plan of
reform Many Of them agree with the District
Attorney in saying that there are evils IN the
judiciary system. but that they can be remeded
better in other ways than the he advocates.
They say that judges too often owe their positions
not to their legal ability or high OF justice
but to political favoritisn, and even TO corporate
taauence Such conditions, Of course. are deplora-
bic; but according most of the lawyers that ac-
knowledge the existence of these evils, a change
from the elective system would be backward step.
Wiarus. (Winona, Minn.) 1895-1919, 1905-12-21
MOrseSchOOlOfT elegr Oily
Miedzynarodowa wystawa to-
war6w zywych kt6ra sic
odbedzie " Chicago
cd is do % Grudnia.

,,Miedy narodowa wystawa to-
war6w 1ywych jest Wykazem Y
postepie chodowania zwi.rz2t W
tym kraju. So tn kazdego roku
wystawione ~najlepsze produkta gu
stu i genieszu hodowo6w amery
kanskich, p}ody kt6re byly rozwija-
ne przez 40 lat. Jaki 2rzyw'lej o..
.siegnat. stycznos6 temi ludzmi;
jaka zacheta do studyowanie wyni-
ka z ich wytrwania j po1qczonych
wisilk6w. Mo jest to Driven il
studenci szk6f rolniczych 2 bliska i
z daleka z swymi nauczycielami
gromadza sic do Chicago podczas
tel wystawy towar6w zywych- Kto
kolwiek uwaza znales6 ola siebie
nauke " tel szkole okaz6w powis
men tam pospieszy6. Tax, miedzy-
narodowa wystawa towar6w zywich
jest rzeczywiscie wielka szkofa. Po-
myslcie tylko co to znaczy ola Sc
tex tysiecy farmer6w kt6rzy kazde
go roku ]2 zWledza]a I wldza co
lch brac:a farmerzy i hudowcy rze~
wychowal.. Wiele ludzi
powaieli pierwsze prawdzi~e poje-
Gle co do wychowywania i produ-
przez zwiedzanie wystawy
Ona z tad dosta}a wielkie ozywie-
ME zywotna si}e ola ludzi zajmu-
jacych sic iYwem towarem W ca
lynn kraju.
TAME raty koleja North Wes-
sern z wszystkich stacyi beda ogla-
szane pdzniej