New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-10
H0RNBL0WER FOR APPOINTMENTS

|
William B. Hornblower. who was appointed
| by President Cleveland to the United States
Supreme Court. but whose appointment was not
ratified by the Senate, said that it his opin-
ion and he thought the general opinion of law
yers that a State judiciary appointed by the
executive is preferable to a judiciary elected by
the people.
The latter system" he said. involves the
necessity Of nominations by political conven-
tons, and sometimes results in the nomination
of men who are acceptable to the political
powers that be rather than of men who are pre-
eminently qualified by professional capacity and
experience.
The theoretical objections to an elective ju-
dietary however, are to some extent, met by
the fact that the influence of the bar is able to
make itself felt even in a political convention
Indeed, in most of the judicial districts Of this
State outside of the 1st District-New-Y York
County and the ID District, embracing Brook
lyn, the judicial conventions OF the two parties
called to nominate judges are, believe exclu-
siveIy composed of lawyers The theoretical OBJ
Jections further met by the circumstance
that the judges Of our Supreme Court and Court
of Appeals in this State are elected for long
terms-fourteen years-and are, therefore, for
the greater part of their terms, independent Of
political CONTROL and most Of them, even II ac-
tive politicians at the time when they are elected
habits Of mind and to acquire judicial habits
Of mind.
Then. again. If a judge has served through
out one term of fourteen years with ability
and integrity and acceptably to the bar, pub
lie opinion, and especially the opinion Of the
bar itself. is apt to make itself felt and to prac-
dcaly compel his denomination for another
term, as happened during the last campaign in
the cases OF Judges Ingraham and Gildersleeve.
In cases where the politicians ignore public
sentiment and the sentiment Of the bar by
refusing to renOmfnate a faithful and efficient
Judge they are frequently rebuked at the polls
by the defeat Of the candidates whom they
name to succeed the judges thus displaced.
Again, the matter Of political influence is not |
altogether eliminated In the case Of appoint |
ments by the executive, The greatest objection |
to the elective system exists where the term Of |
office Of the eIcted judges is very short as for
Instance in some States only five years In |
such cases the judges are naturally concerned /
about their denomination from the time they !
get upon the bench and are under considerable |
temptation to seek the favor Of the politicians |
various changes from time to time. The won
Ter Is that the Judges under such circumstances
hey do. The cases are extremely rare In which
my judge so far as I know, in any Of our
States, has been accused of either corrupt or
partisan decisions from the bench.
AFTER all, the question is academic
md not practical one, since any change In
he system would require a constitutional
amendment, and there is very little likelihood
hat public sentiment would approve Of what
night seem a step backward in the matter Of
popular government.
Il should be heartily In favor Of such an
amendment If it could be presented to the peo-
lie FOR adoption. The dangers OF an elective Ju-
Itciary in the future are I think, far z eater
han any possible dangers from executive ap-
and the latter method OF selecting
Judges is, in my opinion, decidedly preferable"
How NEW-JERSEYS SYSTEM WORKS.
1.-THE system OF appointing the Judiciary has
roved satisfactory in New Jersey said George
: Werts. Ex-Governor OF that State. 'aThers have
cen complaints of certain appointments, and ef-
orts to change to the elective method, but we
ave still stuck to the old way. On the whole I
mink the Jersey system is better than that in
few York
when Judges are chosen by the Governor ana
1eir appointments ratified by a majority OF |
ne Senate, Is done In this State believe the |
.embers Of the bench Of higher standard |