New-York tribune., 1907-09-21
THE APPELLATE VACANCIES

Our Republican contemporary The Ne"
York Press" doubts the wisdom Of the Repuo-
Iican party's nominating Judges Edward l.
Bartlett and Willard Bartlett for the court
of Appeals the ticket suggested by Inc iri"
une several months ago. 1t appears 10 laNol
a fusion ticket, the Republican party noillihd'
ing Judge Edward T. Bartlett and accepting
as his associate on the ticket some Democrat u
be chosen by Chairman Conners MI Murphy
and perhaps Mr. Hearst. At any rate II op
poses the nomination Of Judge Willard Bartlett
and does not suggest the naming OF Nepun
lican in his stead and seems to sympath1ze WIN
tbe Democratic criticisms of Judge Nlliaru
Rartlett-s nomination. Most of the Delnocrauc
committeeman il says. say that II the Ticket
lis 10 be non-par rtisan each party must haIhe
.onp and not the Republicans both III aiSo
repeats the objection that as Judge "llai"
Bartlett is sitting in the court not by eie'uoh
but by designation there is no strong Ie"90i
why he should be nominated.
Both of these criticisms were hearu iioi'
Democratic politicians when the heluplIe"ii
partv named Judges Cullen and Werner
Democrat and a Republican, to fill two vacah
cies in the Court of Appeals Some Democratic
leaders rebeled at the notion of having the
ticket forced upon them by the Republicans
They said that 10 be non-partisan the hepuo-
licans should select one judge ana the Deih'
Gratis the other. They called attention 10 Tue
fact that neither Judge Cullen nor Judge Ner-
ner held his seat in the Appellate Court ny
election and that therefore the establlsnec POI
lev that a Judge should be elected TO succeed
himself did not apply IN their cases. Up |"
the very eve of the convention they opposed lhe
nomination of Cullen and Werner, and then
thev gave in and nominated the two judges al
ready named by the Republicans. being afraid
n defy the public sentiment in favor Of keep
ing experienced judges of proved worth upon
the bench no matter whether they were ap-
pointed or elected. The Democratic party ac-
knowledged the existence Of this Formidable
public sentiment then. and to certain extent
does so to-day. for the Democratic State Com
mittep is not a unit in favor of serving the per
sonal ambitions of Mr.. Conners and Mr- Muir
phv but is So closely split on the question of
defvinC public sentiment that no knows
whether the opponents of the ConneTS Hearst
Murphy company will or will not win BY
nominating the two Rartletts the Republican
partv will take advantage Of this public senti-
mpnt regarding judges whose existence has
been proved by many past judicial elections
The Republican party gained prestige in the
past by its nomination of Judges Cullen and
Werner and we believe Ii will do so by follow
ing that precedent this year
1t can only lose prestige by making such
deal with the Democrats as Il ne Press seems
to favor. Such an arrangement in the long run
is against public policy If each party picks out
It's candidate and trades its support OF the
others candidate for the others support of its
candidate every incentive TO make good nonlina-
tions is gone. The judicial offices are simply
spoils to he awarded to favOrites for by the
merger of the two parties the ticket made up
would be practically sure Of election. Such mon
partisanship' Mr.. Murphy proposes would,
if il became the custom. be a dangerous thing
for the state. and hope II will be long
time before the Republican party, for the sake
of the Democratic support OF a Republican
Judge permits Mr.. Murphy. Mr.. Conners or
Mr. Hearst 10 name his associate on the ticket
The precedent set in the case of Judges Cullen
and Werner for the Republican party 10
name a judicial ticket excellent and so In
accord with the public sentiment demanding
that the bench be kept as far as possible above
politics that the other party would feel that
il would he dangerous TO refuse Endorsement
That is a high standard and insures good
judges. Merger tickets mean poorer judges.