Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-10-29


cult judges for life, we shall not argue
at this time; but We submit that there
should be change in the constitution
that would permit the lengthening OF
the term to at least ten years. One OF
the wisest provisions Of the constitu-
ton under which we live, is that which
prescribes that the Legislative execu-
tive and judicial powers Of the govern
ment shall be forever separate and dis
tinct from each other. and that no per-
son or persons exercising the functions
CT one of said departments shall as
sumo or discharge the duties Of any
other" OF necessity, the Legislature
has to elect judges. 1t Is either that
or by the people, and for many reasons
election by the legislature is prefera-
BILE to election by the people. But In
a system that provides for the election
Of a Judge by the legislature every
four years there is danger. The ar
rangement gives the legislative depart
ment too much opportunity to inter-
fere with the judicial department. From
the nature Of the case under existing
conditions, the legislature includes a
great many lawyers. The reason OF
this Is two fold. In the first place by
the average lawyer is better qualified
as a lawmaker than the average indi-
vidual Of any other occupation, and
because Of the opportunity afforded for
personal advancement, as we'll as the
desire to render patriotic service to the
state, a large per cent Of lawyers be-
come members Of the general assem-
bly,. Theoretically and actually, the
purpose of most judges Is to dispense
law and justice impartially. Their
ability and fitness to do this Is taken
into the fullest consideration at the
time Of their election, and 1t Is fact
that most men Of intelligence, even
though they should be lacking some
what in character, may be depended
upon to try to do their full duty on the
bench. 1t is a fact also that most law
yers after having been elevated to the
bench, though they continue to progress
in knowledge Of the law, necessarily
drop many Of the characteristics OF
the practicing lawyer. They try to dc
that which is right, regardless of whom
it may help or hurt. The ruling aim
of the average lawyer Is to carry his
point, and with many Of them 1t Is a
matter Of small concern whether that
point is right or wrong. There are
lawyer members Of the legislature who
have character and fairness enough to
assume that whether a judge rules for
them or against them, he is only doing
his duty as he sees it, and who like the
men they are, admire him all the more
There are others who think that they
must be favored regardless Of right OF
wrong, and who never forget an op-
portunity to crafty their spite or re-
they might have desired to compel from
the bench. 1t must have to be admit
ted that such men are small and vi
cious; but 1t Is not to be denied that
they exist, or that they sometimes find
their way into the general assembly.
We do not know a judge on the bench
who, We believe, would be influenced
in his rulings through fear Of the po-
litical influence of those to whom his
position might be distasteful but we
do believe that there are lawyers in the
Legislature who would undertake to
pull down judges who failed to show
them improper Difference. Small men
of this kind do not usually last long
in public life, because they are relegat-
ed as quickly as their constituents find
them out. If the term of the circuit
judge were heightened to ten years, he
would be further beyond the reach of
such characters, and the efficiency of
his judicial service certainly would not
suffer