River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1908-03-12
Gov. Hoard for Bashford.

Ex-Gov. Hoard, in his paper, the
Jefferson County Union, of the 28th
instant, in an editorial article which
we republish below, most clearly
and strongly expresses his views on
the judicial campaign now pending,
wherein Judge r. NJ. Bashford, who
was appointed associate justice of
the supreme court by Governor
Davidson, to succeed the late Chief
Justice ]. B. Cassoday, is a candi-
date, and John Barnes, lately re-
signed from the railroad commits
sion, is his opponent. The issue is
between these two candidates.
Governor Hoard, with his usual
force and clearness, has we'll defined
the issues involved, and we COM
mend his article to the careful con-
sideration of the voters of the state.
Governor Hoard's editorial follows:
"A successor to the late John B.
Cassoday as justice of the supreme
court must be elected at the coming
April election. Two candidates are
chiefly prominent before the people,
Justice Bashford, who was appointed
to fill out the unexpired term, and
Mr.. John Barnes, of Rhinelander,
who, it will be remembered, was at
the head of the railroad commission
and resigned when the legislature
enacted two-cent fare law contrary
to his advice. 1t has been the in
variable custom in this state, so far
as we can recall, to abide by the de-
cision of the governor and elect the
person appointed by him. Mr..
Bashford's fitness for the position
cannot be called in question, for he
is considered one of the ableSt
lawyers in the state.
Practically the only claim put for
ward by the friends of Mr.. Barnes
why he should be preferred to Mr..
BaShford is that the northern part
of the state is entitled to representa-
ton on the bench of the supreme
court. The point is not we'll taken
when we consider that these inter
ests are already most ably repre-
scented by two of the present mem
bers of the court, Justice Marshall,
of Chippewa Falls, and Justice Ker-
win, of Neenah, and was represented
for five years, or more, by Justice
Bardeen, of Wausau, during his
lifetime. II is therefore not unrea-
Sonable to look further for the real
motives which lie behind the candi-
dacy of Mr.. Barnes.
AS before stated, he was at the
head of the railroad commission
when the legislature passed the law
reducing the passenger tariff to
correspond with that in neighbor-
ing states, The validity of that law
must be determined by Our supreme
court. Mr.. Barnes views on that
point are fixed and not subject to
modification. The railroads could
ask for no better representative,
either at the bar or on the bench,
than Mr.. Barnes, but his influence,
as an associate on the bench with
the other justices would be much
greater than as an advocate at the
bar. Do the people of Wisconsin
wish to give the railroads of the
state such a decided advantage? If
they do they will vote for Mr.. Barnes
in preference to Mr.. Bashford.
Another view of the case brings
up the political situation. Mr..
Barnes candidacy is being actively
supported by many democrats and
it is confidently expected that the
greatest part of his support will
come from the democratic party, be-
cause, forsooth, Mr.. Bashford was
appointed by republican governor.
The court as at present constituted
consists of seven members, four of
them democrats, namely, Justices
Dodge, Siebecker, Timlin and Wins
low, and three of them republicans,
Justices Marshall, Kerwin and Bash
ford. If BasLford is defeated and
Barnes is elected, the republican
state of Wisconsin will have its
court of last resort composed of five
democrats and only two republicans.
This is neither fair nor prudent in
view of the possible questions that
may arise for determination. We
do not believe in partisan courts
and for that reason have always ad-
vocated, as we do now, that the
parties should be as equitably and
evenly represented as it is possible.
For these reasons, as well as tor the
final one of his most excellent fitness
for the position, we think the people
of Wisconsin should elect Mr.. Bash
ford"