Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-11-15
Selection of judges.

That story reproduced from the An
derson Intelligencer to the effect that
Governor Blease intends to propose
constitutional amendments that will
provide for the election of judges by
the people instead of by the general
assembly, interests us very much, and
we not only hope that the governor
will make the recommendation; but
that the general assembly will act upon
1t favorably so the people can have a
say.
Although well aware of the fact that
such proposition will meet with most
violent opposition not only in the gen.
eral assembly but on the stump If the
general assembly agrees to submit
it to the people. we have no hesitation
in saying that we are heartily in favor
Of the idea and hope the proposed
change which we consider in the light
of a badly needed reform, will be
brought about.
The main arguments heretofore In
favor of the election of the members OF
the judiciary by the general assembly,
has been that because of their high av-
erage of intelligence and experience
members Of the general assembly are
able to select a higher class of men
for these positions than the whole peo-
pie would be able to select, and also
that a system that would send candi-
dates for these positions direct to the
people, would result in subsequent
abuses Of power. It is claimed that the
office Of judge should be kept out of
the political scramble; that otherwise
there would be no way Of preserving
the high respect in which the incum-
bent of this office should be held, and
various other reasons are urged why
the people should not be delegated
with the discretion, power and author
ity involved.
1t Is fact that the arguments why
judges should not be elected by the
people have a good hold on the people
Of South Carolina. In the first place all
Of these arguments seem reasonable
enough on their face. and only a small
per cent of the people ever have the
opportunity to look under the surface.
But as a matter Of fact, the best in
formed people know that all Of these
arguments are the veriest buncombe,
and nobody understands the emptiness
Of that buncombe better than the peo-
Pile who urge such arguments with
most vehemence. -''-'>' :;
II there is a more typical hotbed Of
politicians in South Carolina than the
average general assembly, we have no
suspicion of its existence, and II there
is any one thing that is better calcu-
lated to set this hotbed to smoking
than any ordinary election, 1t Is a judi
cial election. Ordinary elections are
sometimes pulled off without involving
anything other than the fitness Of the
candidates, the merit Of one candidate
as compared with another; but In the
case of judicial elections. especially
elections for supreme court Justices,
there is log rolling, bargaining, and the
like which involves every section of
the state alligning the Piedmont with
or against the Pee Dee, or the low
country. etc., as the case may be, and
often involving frame-ups Of. far
reaching Importance to the whole
people.
Then again, a judicial election in the
general assembly is very often not
really an election by the general as
sembly so much as it is an election by
the lawyer members Of that body.
While there are exceptions to the rule
the average lay member Of the general
assembly does not assume to express
or follow his own opinion in such mat
ters. He depends rather on the lawyer
members to whom he comedies superb
or ability to judge as to fitness, ETC.,
and while of course the lawyers invar-
iably divide as between candidates,
the election at last Is not so much an
election by the general assembly as an
election by the lawyers Of that body,
the eventual dominating power having
arisen more frequently than otherwise
in the judiciary committees Of the
house and senate.
While it is absolutely essential that
judge be lawyer, and while 1t Is de-
sirable that he be good lawyer, 1t Is
certainly not necessary that he be a
creature of the lawyers. We have no
desire to say anything prejudicial to
the lawyers or to intimate that they are
to be trusted less than any other class
of citizens; but still we do not think
there will be any effective disputation
Of the fact that they look out after
their own interests the same as other
people, and in a matter of this kind
where they exercise direct power in
an indirect way, they are likely to take
care of themselves as best they can.
While the people often make mis-
takes in the choice of their officials,
the experience not only of South Caro-
lima; but of every state in the Union
has been, that the popular vote is the
best way to select all high officials, in
cluding judges, and we hope that
South Carolina will not be slow to drop
in line with those states which have so
long been following the popular elec-
tion system.
ha init