New-York tribune., 1905-06-29
A SOUND REPORT.

The report of the Senate Judiciary Commlttee
on the power OF removal OF judges py concur
rent resolution is the only conclusion WHICH
could possibly have been reached without IN Ell
feet announcing that the judiciary was mofdly
irresponsible to the people. 1t was not the pro-
vision of the constitution but the opJecuon 10
the constitution on the score Of high prlnclple
which was new, England from the time Oh
William III, Massachusetts, from at least Ifoo'
New-York from 1921 and score of other states
have had in their law the essence of this method
for disposing of unfit judges, and the preroga-
tive and the independence Of the judiciary nave
in no one of these places suffered
Senator Brackets able report is exactly right
when it points out that the equal balance or
our government is not likely to be disturbed Dy
atrophy of the Judiciary function. The tendency
for a century has been in exactly the opposlte
direction. Nowhere else in this country do
the courts hold the executive and Judiciary de-
partments in check through their power to de-
clare laws unconstitutional. The Judges hold
office for long terms, and are able to exert an
influence over public affairs far greater tnan
that of any other body OF officials 1t Is, there
fore of the greatest Importance that there should
be not merely means of displacing them for
actual misconduct In the transaction OF pusl-
ness but also means Of maintaining n1gh
standard of conduct and morals in this branch
dent primarily upon the respect and confidence
Of the people
The fear that this power of removal may be
misused is one of the silliest of manufactured
panics The legislature has had the power for
eighty years, through a period Of strong party
passions when judgeships were used as political
rewards much more than now, yet the power
never has been n1sused. The people who were
so sensitive to the character Of their judiciary
that they could drive a party from power for
the appointment of Maynard would be equally
sensitive to the character of their judiciary
when It was menaced by arbitrary and unjust
removals No party could do a more suicidal
thing than to remove a judge without proper
cause Just so long as the people have the
virtue and the talent for self government, which
makes our free institutions Of value, they Will
preserve as they have hitherto, an ample check
upon any misuse OF this authority. The very
attention which is given to Justice Hookers
case and the grave consideration Of the "con-
sttutionality of the constitution" in the face of
charges which, If true, are sufficient and even
imperative reasons for removal show that re-
movals by concurrent action can take place only
soberly and conserTatfvely.
In following the policy outlined by the COM
mittees Of both houses the legislature will not
be giving efficacy to constitutional provision
Of doubtful wisdom. 1t will be making use
of power which, if it did not exist, we should
need TO secure to safeguard the administration
of justice. Happily the wisdom Of the fore
fathers has given us this instrument, and hap
PLY, also, we have never had occasion to in
woke its use until now. Whatever may be the
| finding on the facts concerning Justice Hooker.
the example set by this case will be sound and
healthful. Judges will bear it in mind, and
there viii be less temptation to carelessness Of
life and to conduct which tends 10 bring the
courts into disrespect. Independence Of judicial
action is sacredly TO be preserved, but ire
sponsibility of men simply because they happen
| to wear the ermine is neither good for the men
nor for the State.