The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-10-01

be used for political purposes before
the court has by any act or decision
justified such an inference.
Not all the judges of the supreme
court OF this state have gone upon the
bench with the full and hearty an
proval OF the electorate, and the bar.
mere have been mutterings and
doubts and inquiries as to worthiness
ana merit. But the members of the
court have had the confidence of the
majority of the people and in their
decisions upon the bench we believe
they have sought to justify it. So it
Is not fair. even for justice of the
supreme court of this state to assume
mat any other nominee chosen by the
republican party of this state to be
mis- associate. will not seek to Justify
the wisdom of his choice by every
means in his power.
Further regarding the question of
nonpartisanship, We may look to the
supreme court of the United States.
where nonpartisanship would be a
much simpler matter than in states.
because the choice of a Judge is mere
~ the will of an appointive Office.
and not the registered choice of a
political body. We find that Chief
Justice Fuller of the supreme court
Is a democrat, and a partisan demo-
crat, for he attended democratic ma
tional conventions as a democrat and
was in the legislature of hi estate as
democrat and he seems to have been
pretty active politically He was
chosen by President Cleveland, who
was democrat, in 1888. John NJ.
harlan was republican and a
partisan republican, for he was can
dldate for the vice presidency and for
the governorship of his state and was
chairman of delegation to the nation
al convention in 1876. And he was an
pointed by President Hayes, a repubii-
can, in 1877. Judge Brewer was a
democrat and was appointed by Presi-
cent Cleveland, also democrat
Judge Brown was q republican and
was appointed by President Grant.
also republican. Judge White is
democrat and was a partisan demo-
crat, for he was senator from Louis
lana when he was appointed by Presi-
dent Cleveland. Judge Peckham is a
democrat and he was appointed by
President Cleveland. Judge Nc
kenna is a republican and a partisan
republican for he held office as high
a sa place in the cabinet of the
United States. He was appointed
by President Mckinley, Judge Holmes
Is republican and was appointed BY
President Roosevelt. And Judge Day
is republican and was also appoint
ed by President Roosevelt.
So We find that the presidents of the
United States have not departed
from partisanship in the making of
their partisanship in the making of
their selections for the highest courts
in the land. And We find that Mr..
Taft. an ardent partisan. has been
offered the place of chief justice in
the event of Mr.. Fuller's retirement.
We find also that some of the decis-
ions of the supreme court. affecting
vital questions. have been decided by
a nearly if not quite political division
of the court and yet the government
has survived and We believe the aver
age individual having case affecting
his life or property would not be
afraid to submit it to the supreme
court of the United States for decision.
1t will not do to seek to raise up the
bugbear of fear lest the court fall into
political bands to work harm to re-