Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-09-19

OF Judges. we 40 HOL OeueYo SStL1nS
aside altogether the question of
whether nonpartisanship is an ideal
condition in the court, that the people
| in a republican state need the pres
ence of democratic judge to con-
vince them of the recititude Of the
court, nor the presence Of republican
judge in a democratic state for the
same purpose. But we do believe that
it is of distinct disadvantage to seek
to convince people that court is to
be used for political purposes before
the court has by any act or decision
| justified such an inference. .e> Il
! Not all the judges of the supreme
court of this state have gone upon the
bench with the full and hearty APP
prevail of the electorate, and the bar.
There have been mutterings and
doubts and Inquiries as to worthiness
and 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 a justice of the
supreme court of this state to assume
that any other nominee chosen by the
Republican party of this state to be
/ his associate, will not seek to justify
the wisdom of his choice by every
means in his power. ~, ~.
/ Further regarding the question Of
lnonpartisanship, we may look I'd
the supreme court Of the United
States, where nonpartisanship would
| be much simpler matter than in
states, because the choice OF a
Judge is merely the will of an
fappointive officer and not the regis,
4 tered choice of a political body We
find that Chief Justice Fuller Of
| the supreme court is a democrat, and
i a partisan democrat, for he attended
democratic national conventions as 8
democrat and was in the legislature
Of his state as democrat and bic
| seems to have been pretty active
politically. He was chosen by Presi
dent Cleveland, who was a democrat
in 1888. John M. Harlan was a re
publican and partisan republican
for he was a candidate for the vice
d presidency and for the governorshiI
tof his state and was chairman of q
delegation to the national convention
I'm 1876. And he was appointed by
President Hayes, a republican, in 1877
Judge Brewer was a democrat ani
4 was appointed by President Cleveland
: also democrat. Judge Brown was (;
republican and was appointed b.
t President Grant, also republican
Z Judge White is a democrat and was
8 partisan democrat, for he was a sena
9 tor from Louisiana when he was ap
Z pointed by President Cleveland. Judg
d Peckham is a democrat and he wa
d appointed by President Cleveland
( Judge McKenna is a republican and
E partisan republican for he held offic
f as high as a place in the cabinet o
) the United States. He was appointe
j. iby President Mckinley. Judge Holme
e is a republican and was appointed b
e President Roosevelt And Judge Da
eI is republican and was also appointe
II by President Roosevelt. .#@ .'ss@.%
IS So we find that the presidents 1
d the United States have not departe
II from partisanship in the making 1
/ their selections for the highest court
q in the land. And we find that NE
Taft, an ardent partisan, has bee
s offered the place of chief justice i
# the event Of Mr.. Fuller's retirement.
Iet We find also that some Of the deci
al ions Of the supreme court, affectin
II vital questions, have been decided i
81 a nearly II not quite political divisio
is OF the court and yet the governmeI
is has survived and we believe the ave
re- age individual having a case affectin
IN his life or property would not 1
Of afraid to submit it to the supren
srI court Of the United States Il
wi decision. 3y.5 ssl
81 It will not do to seek to raise up ii
Of bugbear Of fear lest the court fall In
at political hands to work harm to /
in publican candidate for Office. III
al court has been republican for Il
OF seventeen years Of statehood ana i
al do not believe the republicans of Il
rh state can at this time be made to b
ce 1ieve that either their lives Or fnte
d tests are jeopard fzed by the presen4
IT, OF three republicans or the bench.
at the democrats Of this state were al
eh had been in control Of the state go
er eminent we do not think the questif
Al [of parsisanship would appeal
Isl strongly to them. on purely altruist
a. grounds, as il does now. we have j
or knowledge Of any democratic stat
be where the nonpartisan spirit il raj
- f No (, 49, "a & z Ii x Il. II