New-York tribune., 1907-10-03
70 .IrDLCLARY DEAL.

The big and little politicians of both parties
should get il into their heads once for all that
the popular Republican movement for the nom
inatiOn of the two Judges Bartlett does not
contemplate a deal They will do well to abah-
don the notion of patching up something Just
as good" hy conferences and trades which they
can present TO the voters under the lapel ol
non partisanship. The Republican party Is
not expected TO trade off judges with MI Con
ners Mr.. Murphy or anybody else: IT IS eX-
pected 10 do the right thing on its own respon-
Sblity tG resist the temptation TO grasp AT
partisan advantage in the nomination of the
two Judges TO present the names Of two men
who in its opinion are the natural candldateS
for the places and to leave other parties to lot
low their own devices.
That was the course so honOrably taken two
years ago when the Republicans, without max
ing any deal with the Democrats, put for"aru
Edgar NJ. Cullen. Democrat for cher Judge
and left the Democrats to procure their own
candidate IT, instead of following that
straightforward course. they had attempted 10
trade on the nomination with the Democrats
in return for a Democratic nomination of Judge
Werner. they would have been expected 10 lahe
John Cuneen or some other political availability
of the hour, and their nomination would have
had no more moral force than is attached to
anv other political division of spols. As it
was the nominations of Chief Judge Cullen and
Judge Werner had such a compelling moral
force that the Democrats. AT the last moment
under the insstence of their Presidential candi-
date reluctantly followed the Republican eX-
ample
This wear it is the duty of the Republicans to
act upon the same principle. Nobody questions
the propriety of renominatng Judge Edward
T Bartlett. after his fourteen years of honor
able service in the court TO which the people
elected him by an enormous majority as a re-
huke for the Democratic theft Of the state
through the agency Of Isaac II. Maynard. The
Democrats themselves concede that he ought to
~. reuou, iua,rt aud express a willingness to do
their duty O., this respect--if only it be made
the price or j. p-.1.'"an acquieScence in deal
on the OF g, t.1. ship The nomination Of
Judge WHarl -tlctt would not be accepted,
tbav say. as ,rt IF the deal. and that is
one Of the -.- tlrest reasons for making 1t.
Judge Willard Tartlott, after long service in
and reelection to the supreme Court, was
designated by Governor Higgins TO sit as an
additional Judge in the Court of Appeals. 1t is
natural and a proper thing that judges who
have so served by designation should be Sc
lected for promotion when vacancies occur in
the court Judge Bartlett is the only Demo
cratic Judge now sitting in the court by desig-
nation and his selection naturally suggests
itself 10 the Republicans when their object is
solely TO find the most worthy candidate who
is not of their own party.
ANY other selection would be founded on
favoritism. on special interest or on political
trading This one is simply the obvious logic
of the situation, the following of the principles
which dictated the selection Of Chief Judge
Cullen In nominating him the Republicans
did not attempt to close the door on other can
didateS or deprive the people of their freedom
of choice as they would do if they made
deal with the Democrats by which each party
was to support one candidate selected by the
other The Republicans will simply put for
ward on their own account the men whom they
consider most worthy of election, and leave the
people to pass on their nominations. If the
Democrats agree with them. well and good.
If they do not let them put forward their own
candidates and let the people say whom they
prefer. There is little doubt what the verdict
would be. 1t is the moral strength which would
attach to the nomination of the Judges Bart
lett In this fashion which makes ii so objection
able to the politicians who want to use the
judiciary for their own purposes and who at
the same time realize perfectly that if the Re
publicans nominate these two men opposition
nominations will command little respect or sup
port.