The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-10-28

directly responsible for the amendment
to the direct primary law whereby theil
nomination was taken from the people
and given over to the machine made
convention. They are not, in any sense
the victims of ill-advised or designing
friends. On the contrary they gave thu
movement to amend the primary law
their sanction and their active support
as the following facts will prove:
Two members of the Supreme bench
acquesced, if they did not actually ad
vocate the provision in the law which
limits the number of candidates to be
nominated to the number of places on
the bench to be filled.
This provision is responsible for the
election of Justice Root, the attendant
scandal and the amendent of the law
of 1909.
The judicial convention law was born
in the corporation keen brain of Frank
T. Post of Spokane, a close friend OF
the court.
The bill as presented to the Legisla
ture was drawn by J. Will Shafer, law
librarian at Olympia and an appointee
of the Supreme Court.
Justices of the Supreme Court actu-
ally lobbied for the passage of the bill
in the House and the Senate.
Justices of the Supreme Court in
duced Governor Hay not to veto the
bill after it had been passed.
Justices of the Supreme Court pre-
vented the repeal of this law by the
special Legislature of 1909.
Justices of the Supreme Court pre-
vented the repeal of this law by the
special Legislature of 1909.
Justices of the Supreme Court pre-,
vented the Tacoma convention of Aug
ust from advocating the repeal oi
the judicial convention law.
Justices of the Supreme Court in ac-
cepting the nomination of the Tacoma
convention of August 3 ratified the Sc
lection of delegates to that convention
by secret caucuses and by representa-
tives of the special interests.
In the face of all these well known
facts the Standpat press of the state
is advocating the election of these five
members of the Supreme Court on the
ground that they are "innocent vic,
tins" of the law. Public opinion hav'
ing made a defense of the judicial con-
vention law impossible, those who are
interested in controlling the Supreme
Court. plead for the men, while admit
ting the guilt of the law. In effect
they say
"EIect these five men who had moth
ing to do with the passage of this judi
cial convention law. Then the law can
be repealed at the coming session OF
the Legislature and everything will be
as it was before. Don't make these
men suffer for what some one else did
The case of the Supreme Court versus
the People of the State of Washington
is not based on any appeal to the rea
son of the public, but is directed to the
sympathy, the heart and the spirit OF
equity and Justice. But the fundamental
principle of equity is "He who seeks
eouitv must come with clean hands. "
And this the Supreme Court cannot do
The direct primary law as it was or
iginally drawn relative to Supreme
Court justices provided for the nomina
tion of twice as many justices as there
were places to be filled. In a secret
committee meeting in Olympia this was
changed so that but one man was noml
mated for each vacancy. This change
made possible the election of justice
Root. Root with a candidate opposing
him at election would have been defeat
ed and the state spared an humiliatlns
spectacle. This secret committee meet
ing was dominated by members OF th'
Legislature who profcssed to speak fol
members of the Supreme Court and OIL
this profession. were able to accomplish
their purpose.
Neither can the members of the couri
now seeking reelection show clear
hands when questioned as to their act'
and attitude during the 1903 session o
the Legislature. The judicial eonven
ton act was first suggested by franl
Post. whose relations with the mem
bers of the Supreme bench are of tn
closest. Post is corporation lawye
of renown. His law practice has to d.
almost exclusively with corporations
That he should have been inspired witt
this judicial convention idea because
his solicitude for the people is too re
mote to be worthy of consideration
! Posts sole intent and purpose was {
keen the court constituted as it is. An
his reasons for that desire could hav
heen no other than that the eour
suited his particular practice. Whe
I POST first broached the subject on
negative nod of the head OF any Su
preme Court justice would have ende
/ the whole matter right there.
ola xga1 h