Daily capital journal. (Salem, Oregon) 1903-1919, 1910-10-21
OF STATE LAWYERS.
Martin l.. Pipes Explains Virtues of
Non-Partisan Bench.

be elected to the supreme court of
Oregon. just as they are in New
York. Wisconsin, Massachusetts and
other states which have adopted this
advanced political idea, was set
forth eloquently in an address by
Martin l.. Pipes. delivered before
the Oregon State Bar association o
few months ago. This discosrse
was given about the time the
State Bar Association went on
record for a non-political supreme
bench in this state. The following
extracts carry the thread of the ar
gument:
Gentlemen of the bench and bar:
The judiciary has nothing to do with
politics; and politics ought to have
nothing to do with the judiciary.
The nature of judicial duties ex-
cludes the consideration of political
questions. This is true whether we
use the term political in its narrow
sense. relating to a political party
or in its larger sense, relating to the
conduct of government. The court
cannot properly promote or obstruct
political parties, nor aid nor hinder
particular policies of government,
whether good or bad. This is so be-
cause these things do not come with
in the scope of the judicial function.
"As a corollary of the proposition
that a court cannot lend itself to
the promotion of political parties o-
policies. it follows that the political
party cannot properly demand such
service of the courts. Nothing has
so shaken the confidence of the pub
lie in the courts as the belief occa-
sionally held that a particular de-
cision was influenced by political
considerations.
Political consideration cannot at
feet the law. That is equal and uni
form. 1t speaks the same language
to all men. gives to all the same
remedies. and subjects all to the
same judgment. The court cannot
bend the law to meet the demands
of political party.
Certainly the political opinions
of a lawyer do not form one of his
qualifications for the bench. A judge.
should be learned in law, of firm
mind, of upright character, of judi
cial temperament and of gentleman
ly address. When you have added
to those qualifications that of his
political afiliation. you have ac-
quired a qualification that has no re-
lation to his duties.
"The custom of nominating and
elect'ng judges by political machin-
cry is of such long duration thai
like AL old customs, II is not costly
changed. It should be borne in
mind, however, that this custom did
not arise from any notion of the peo-
pie that the judges had political
functions or duties. IL was the
mere incident that they were select
ed at elections where political Of
fees we're to be filled, and because
the machinery was at hand, But
believe that the instinct of the peo-
pie long ago recognized the absurd
ity of the custom,
There Is another reason why po-
litical judicial selections should not
be made. This entire department.
one-third of the government-is Sc
Iected from the lawyers only. who
constitute a very inconsiderable pro
portion of all voters. From this
body must be eliminated those who
from lack of judicial qualifications
are not eligible to be judges. and
these. / fear, must reduce the really
judicial timber to a mere clump.
Now, then. by the political method,
you further discard the legal mem
bers OF the minority party, reducing
still further the judicial material,
and upon no rational ground what
soever.
L 81 have an abiding conviction
that the people. il unobstructed
win welcome the opportunity 10
elect bench without regard TO poll
tics, and. better still. to establish a
principle and practice that viii for
ever free the judges OF the common
wealth from those political infiu
ences that only derogate from the
dignity. imparNality, purity and in
dependence of the judicial once"
cpd Adv.")
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AvoId hurry worry and getting