Omaha daily bee., 1909-06-27
The Bopie of Personal Interest.

The Boyle of Personal Interest.
Nebraska demo-pOps are proceeding
to lay plans for smuggling a few demo-
pop judges on to the supreme bench
by working the nonpartisan racket,
assuming that the so-called nonpar-
tisan judiciary law will govern the
coming election irrespective of its con-
stitutionality, which is questioned by
all the best lawyers.
The reason why the demo-pops ex-
pect the law to stand unchallenged, in
spite of its fragrant defects, rests on a
novel plea by which they hope to pre-
vent final hearing or adjudication of
the test case already brought to deter
mine its validity until after this years
election shall have been held and three
new judges chosen under its pro-
visions.
1t is to be urged that with Chief
Justice Reese taking a vacation in Eu-
rope and three of the six remaining
judges of the court avowed candidates
for reelection. 1t would be improper
for these three judges directly inter-
ested to sit in the case, and impossible
for the other three judges to render a
decree because they would constitute
less than a majority OF the bench.
This would indeed be interesting If
1t were conclusive. But If 1t held
good now to prevent a test of this law
it would certainly hold good forever
to prevent its being tested at any time.
If the three judges, whose terms are
about to expire, are disqualified be-
cause they may be candidates In the
coming election, the disqualification of
the other three judges for the same
reason is only a matter of degree, be-
cause they may be candidates for re-
election two years hence.
With equal cogency 1t might be
urged that no law affecting the judges
Of the court could ever be subjected
to judicial test because the judges
passing on It might have a personal in
terest. In the recent suit instituted
to determine the competitive claims to
seats on the bench by appointees Of
Governor Sheldon and Governor Shall
lenberger, turning on the question
when a constitutional amendment
went into effect, every judge was d.
rectly interested because the same de-
cision had to determine when the in
crease in his salary should begin. Yet
that did not prevent the judges from
deciding, and no n has suggested
that they were Influenced by q desire
to legalize the salary warrants they
had drawn.
In the present case It is pure as
sumption on the part of the demo-
pops that it is to the Interest of the
outgoing judges to have the so-called
nonpartisan judiciary act declared null
and void. 1t might be more to their
interest to have the law upheld, mas
much as it is conceded that they would
have a big advantage in a free-for-all
scramble for election. But these
three judges are no more personally
interested except in point of time than
any or all of the other judges who
have a little longer to serve If there
is any fear hat the proximity of the
election may influence the three judges
whose terms expire this year more
than the three judges whose terms ex'
pire two years hence, the proprietiei
might be observed by letting the three
judges supposed to be less interested
hear the appeal and formulate the de
cision of the court, and let the othel
three judges simply ono in ordeI
to supply the necessary majority o
the court to make the decision bind
ing.
Inasmuch as the personal interest o
} the judges cannot be completely ex
cluded, at no time would the court b
> more disinterested, even if the cas-
. we're dragged along until after tire
new judges elected this fall shout
take up their duties, because as tn
: beneficiaries of the new law thes
judges would doubtless feel charge
e with the duty of unfolding its const
nationality and validity. AS there
g no other judicial tribunal competeI
to pass final judgment On 1t, the coul
might as we'll face the music rigl
away and have 1t over.
Addressing a class of sweet ri