Semi-weekly herald., 1913-09-04
TAFT ADDRESSES AMERI-
CAN BAR ASSOCIATION

MONTREAL, Canada, Sept. g.
Declaring that the supremacy of fed
| eral courts to state courts is due be-
cause claw and justice prevail rather
/ than buncombe and mere sentiment"
and delivering what was construed as
a veiled slap at Secretary of State
Bryan's Confession as to the cost of
living in Washington, former Presi-
| dent William Howard Taft, this af-
ternoon delivered an address before
the American Bar association on THE
Selection and Tenure of Judges"
Arguing against election of the
judiciary, Professor Taft declared
that ''the most difficult problem in a
popular government is to determine a
satisfactory method of selecting mem
bers Of its judicial branch
"There can be but one answer to
the query" Can we get the best
judge by election or appointment 2
The selection can be really popular
without resorting to an election"
said the former president. "The chief
| executive, elected by the people to
represent them in executive work
does, in appointing a judge, execute
the popular will. He can search
| among members of the bar. General
ly he has sources of information both
of an open and confidential nature,
| and if he is not himself lawyer,
he has an attorney general TO help
him make his selection For this rea-
son, in every country in the world,
except in the cantons of Switzerland
and the United States, judges are
| appointed and not elected. Many
states in 1S45 adopted new consti-
tutions providing for election of
| judges. A comparison between the
work of appointed judges and elected
judges shows that appointment shows
in the long run higher average of
experts for the bench.
Paradox as it may sound, appoint
ed judges are more discriminatory re-
| sponsive to the needs of community
than judges chosen by the people, and
this is because the executive is en-
abled to appoint better experts.
Under the primary system. the
office does not seek the man. The
| aspirant must campaign and seek of
flee. Nothing could do more to i'm
pair the quality of lawyers available
as candidates.
"The introduction of nomination by
direct primary has distinctly injured
the character of the bench for learn
ing, courage and ability"
Professor Taft pointed out that the
inability of congress or the executive
to affect the tenure of judges has
given to the federal judiciary an in
dependence that has made it bull
wark of the liberty of the individual
"On the other hand" he said, this
immunity has been partly responsible
for congress attitude in begrudging
betterment of compensation. They
have declined to conform the income
of the judges to the dignity and sta
tion of their lives, despite the in
creased cost of living | presume,
therefore, that despite efforts of law
yers and despite the confession as to
the cost of living in Washington, that
actual service in the government
wrings from the advocates of simple
life, who happen to get into office,
we must continue to require from
judges mean living and high think
ing"
| Comparing federal and state courts
Professor Taft said: "Why is it that
law-breakers prefer trial in state
courts? Why are federal courts the
terror of evil-doers? Is it not be-
cause the judge retains his traditional
control of the manner of the trial
and Of the counsel and really helps,
but does not constrain the jury?
"Is it not that law and order pre-
vail there rather than buncombe and
sentiment 2"
Answering the argument that life
tenure tends to make judges naughty
and unresponsive to the public, Pro-
fessor Taft pointed to the recent i'm
parchment Of Judge Archibald, Of the