New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-31
Partisanship Should Not Count IN
Choosing Court of Appeals Judges.

Candidates for judicial Office are In class Dy
themselves Except possibly in the way OF keepi"e
appeal courts free from an excessive prepohueia'e
of iudges of one political faith partisan consldera-
lions have no proper place in judicial eiecuons'
The principle that has justly come to be regarUeu
Of first Importance in such cases is that Juuse
who has made a good record on the bench ana i
still young enough to render increasingly good ser
vico for many years shall not, in case OF new
election be required to make way for younger
man without judicial experience
If is To be regretted therefore, that party lines
were followed in making nominations THIS year Ior
the two vacancies In the Court OF Appeals IL Is ui
kfr+rnate that there should be three separate Ju-
d,cisl tickets in the feld-Repubican, Democratic
ord Progressive The blame for this condition IS
hard n. apportion among the three organizations
lo,tboucb tho chief offender is undoubtedly Tam
MANY. which repudated the policy of joint action
last year because Murphy saw an easy opportunity
no elect to the Court of Appeals two Democrats Oh
his own selection.
For the chief judgeship the voters must now
choose between one of two present members OF lne
court each Of high character and reputation or 20
outside the court circle and take nominee from
the federal bench. 1t IS in our opinion, much pet
ter policy to promote an associate judge OIL proved
capacity than to elect an outsider. When Ch'el
rJudge Parker retired Associate Judge Cullen WIS
nromoted and it is desirable that that precedeht
should be observed now by the promotion OF either
Judge Werner or Judge Bartlett. 1t Is decidedly III
Judge Werners favor that he is still IN ire prime
Of life and that If elected chief judge he VIII
nrobably be able to serve for nearly complete
term of fourteen years. If Judge Bartlett Is pre-
ferred he will have to retire three years hence on
reaching the age of seventy. Whatever may be the
result of the election, both judges will remain OH
the bench and unless Judge Hand is chosen-a
somewhat remote conference.-the election OF
member of the court to fill the vacancy occasioned
by Judge Cullens retirement will simply be put over
for another year.
For the vacant associate judgeshlp two outslhc
candidates one of them without any judicial ex-
perence whatever, pitted against Judge HlscocS
who has served by designation on the Court OF APP
meals for more than seven years. In addition 10
that he has served ten years as Supreme Court
Justice five of them in an Appellate Division of the
Supreme Court. He was recommended by the State
Bar Association to both the Republican and Demo-
cratic parties as candidate for the associate judge
ship and is held in high regard by lawyers who have
practised before the Court of Appeals.
His vote in the Sulzer impeachment may operate
to his injury and The Tribune itself regrets that he
could not have seen his way to side with the other
Judges of highest standing in the court-Cullen,
Werner Bartlett and Chase-n opposing stretch
ing of the power of impeachment which was being
sought for temporary political ends. Apart from
this VOTE however, Judge Hscock's record has been
an admirable one, and by judicial experience he is
better qualified than either of his opponents for the
associate judgeship. He is on the court now by
designation and the rule Of continuing acceptable
Judge in Office may be properly invoked in his be
half. Availability and ability, not partisan consider
ations should control the choice of the voters next
Tuesday.