The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-03
TAFT SPOKE ON
Continued From Page One.

stronger their influence, and the more
satisfactory their jurisdiction and the
administrator Of justice. In a popu-
lar government the. most difficult
problem is to determine a satisfactory
method of selecting the members of
it's judicial branch"
Selection Of judges by appointment,
he declared, did not altogether deprive
the people Of this right. 1.-THE selec-
ton can be really popular without re-
sorting to an election. The chief ex-
ecutive elected by the people to repre-
sent them in executive work does, in
appointing a judge, execute the popu-
lar will. He can search among the
members of the bar and can inform
himself thoroughly as to the one best
qualified. Generally he has sources of
information, both Of an open and a
confidential character, n If he is not
himself a lawyer or personally famil-
lar with the qualifications of the cam
didates he a an attorney general
and other competent advisers to aid
him in the task. For these reasons,
in every country of the world, except
in the cantons Of Switzerland and the
United States, judges are appointed
and not elected"
Mr.. Taft admitted that the United
States had many able judges by cleo
ton; but, he pointed out. in many
states the practice prevailed Of re-
electing good judges without contest.
Any good that might have been de-
rived from the elective system, how
ever. promised to be lost, he asserted,
with the more general adoption of the
direct nomination system.
Like all the candidates for office
to be elected under such conditions
Judges" he said, ARE expected to
conduct their own canvass for their
nomination, to pay the expenses OF
their own candidacy in the primary,
n in SO far as any special effort is
to be made in favor of their nomina-
ton and election. they are to make 1t
themselves. They are necessarily put
in the attitude of supplicants before
the people for preferment to judicial
places. Under the convention system
it happened not infrequently, for rea-
sons I have explained, that men who
were not candidates were nominated
for the bench, but now in no case can
the Office seek the man. Nothing could
more impair the quality Of lawyers
available as candidates OF depreciate
the standard of the judiciary. 1t has
been my official duty to look int0 the
| judiciary of each state, in my search
for candidates to be appointed to
federal judgeships, and l affirm with
out hesitation that in states where
many of the elected judges in The
past have had high rank, the introduce
ton of nomination by direct primary
has distinctly injured the character
Of the bench for learning, courage and
ability. The nomination and election
Of a judge are now to be the result
of his own activity and of fortuitous
circumstances. Newspaper promin-
ence plays a most important part,
though founded on circumstance
quite irrelevant in considering judicial
qualities.
THE result Of the present tendency
is seen in the d~isgraceful exhibitions
of men campaigning for the place Of
state supreme judge and asking votes,
on the ground that their decisions will
nave a particular class favor"
In advocacy Of q life tenure for
judges, the ex-president said that only
by this means could the judiciary be
hedged around with Immunity from
the temporary majority in the cleo
torate and from the influence of a
partisan executive or legislature"
This immunity, now enjoyed by
federal judges, continued Mr.. Taft,
"has had some effect in making con-
gress grudge any betterment of the
compensation to these great officers
Of the law. Congress has failed I'd
recognize the increased cost of living
as a reason for increasing judicial