Los Angeles herald., 1910-10-23

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fitted to aid in the maintenance of
wholesome local conditions.
1.-THE people of the United States are
not opposed to parties as useful agen-
cies within the government, for they
know that such agencies are necessary.
OPPOSE PRIVATE SOVEREIGNTY
'They are opposed to the assump-
ton of sovereign powers by private
agencies through seizure Of party ma
chinery. They are opposed to the cor
rupt use of local government as a
means of holding together party organ
ization for the control of the general
government. They are opposed to
government which is over the people
without being by and for the people.
| Therefore, there has grown up an in
sistent demand that the parties which
dominate in our politics shall be limit
ed in their powers and shall exist in
due subordination to government and
people.
zone Of these limitations is that
| which provides for Independent con-
troll of local government by the people
most concerned in the welfare of each
locality, and which denies to national
parties any share in that control.
1.-THE limitations of government by
/ party may De IndTkSQ out Dy DOun-
daries of another kind. ] refer to the
three constitutional divisions of gov
| ernmental power, which are legisla-
tive, executive and judicial. The de-
grees in which party influence is per-
missible find their maximum force in
the legislative and run on a diminish
| ing scale through the executive de-
partment until they reach. or should
reach, their vanishing point in the ju
| dietary.
POWERS OF THE JUDICIARY
"In the election of executive and ad-
ministrative officers there is a recog-
nized legitimate sphere Of party in
| fluence. This is particularly true with
respect to presidents and governors,
who share in the enactment of laws
| by the legislature. A similar condi-
ton and practice exists throughout
| the states of the Union in matters of
state legislation.
"Now with respect to political par
ties and the judiciary, 1t should not
| be very difficult to state sound prin-
ciples. There is a sense in which the
| opinions of judge upon the political
affairs of the government are import
ant. If the judges who constitute the
supreme court Of the United States
! in the early years of our national his
tory had not held views somewhat in
line with the opinions of the fed
eralist party, there might have been
vast difference in the subsequent
history Of the United States. That
which the makers of the constitution
had endeavored to create in to an in
dissoluble union, might have been con-
strued and frittered away until the
government would have dissolved by
Its own inherent weakness. In the
same way there are political considera-
tions pertainisg to the great court OF
the nation at the present time.
CAREFUL TRAINING OF JUDGES
so in the Selection of judges in the
courts, and especially in the courts
of last resort, whether they be fed
eral courts or the courts of the state,
it is important that the judges shall
be selected, not in any narrow sense
because of their party affiliations, nor
in any selfish sense because of their
personal party relations. But they
should be chosen because they have
knowledge of those things which are
fundamental in our government, such
as will enable them to interpret or
declare the law according to the spirit
in which 1t was enacted.
For the nature of courts and of
their business is such that courts and
judges can belong to only one party,
that is to say, the party OF law en-
forcement.
"But for the present it is necessary
to assume that the present elective
system will continue to be used for
judicial as we'll as other offices. And
if that Is to be so, then it is impor-
tant to obtain some system under
which the selection of judges will not
be determined by the number OF voters
who are too lazy to vote anything but
party circle. On the assumption
that party columns and party circles
would continue to be used, it was my
opinion that a separate column for
judicial offices should be provided, and
should be arranged according to the
principles of the bill presented in the
last legislature and known as the
Denman bill. But it would be Tar