Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-09-04
LIFE TERN FOR
JUDGES FAVORED
CONTINUED From Page. ~

Continued From Page.1.)
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 con-
duct their own canvass for their NOM
nation, to pay the expenses of their
own candidacy in the primary, and in
so far as any special effort Is to be
made in favor of their nomination and
election, they are to make It them
selves They are necessarily put in
the attitude of supplicants before the
people for perferment to judicial
places. Under the convention system
| it happened not infrequently, for rea-
sons l 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 law
yers available as candidates or de-
preciate the standard of the judiciary.
It has been my official duty to look
into the judiciary of each state, in my
search for candidates to be appointed
to federal judgeships, and affirm with
cut hesitation that in states where
many of the elected judges in the past
have had high rank, the Introduction
LOT nomination by direct primary has
distinctly injured the character Of the
bench for learning, courage and abil-
|ity. The nomination and election Of a
Judge are now to be the result OF his
own activity and of fortuitous circum-
stances. Newspaper prominence plays
a most important part, though found
ed on circumstances quite irrelevant
In considering judicial qualities.
Promise Glass Favors.
1.-THE result of the present tendency
Is seen in the disgraceful exhibitions
of men campaigning for the place of
state supreme Judge and asking votes,
on the ground that their decisions will
have particular class favor"
In advocacy of 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 elector-
ate and from the influence of parti-
san 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 to
recognize the increased cost of living
as reason for increasing judicial
salaries, although this fact has furn-
ished the ground for much other legis-
lation. They have declined to con-
form the income Of the judges to the
dignity and station in life which they
ought to maintain, and have kept them
at so low figure as to require from
that class Of lawyers who are likely to
furnish the best candidates for judicial
career great pecuniary self-sacri-
flee in accepting appointment.
Life Tenure Is Solution.
Nothing but the life tenure Of the
federal judiciary, it's independence and
its power of usefulness have made it
possible, with such inadequate sal
aries. to secure judges of high aver
age in learning, ability and character.
"One of the great debts which the
American people owe to Mr.. Justice
Hughes Is the example that he set in
the last presidential election when the
most serious consideration was being
given to making him the candidate of
the republican party. He announced
his irrevocable determination not to
enter the political field because he
had assumed the judicial ermine."
The federal courts, with their life
term judges, said Mr.. Taft, were the
terror of evil doors. Every lawbreak-
er, he declared, preferred to be tried
in a state court. @ea
In conclusion Mr.. Taft pointed out
that If a judge appointed for life
proved unworthy there was always the
remedy of impeachment He advo-
Gated, however, change in the mode
Of impea chment, so as to reduce the
time required Of the senate in such
proceeding He continued:
Scores Judicial Recall.
ut has been proposed that instead
Of impeachments, judges should be re-
moved by joint resolution Of the
house and the senate in analogy to
the method of removing Judges in
England through an address Of both
houses to the king. This provision
occurs in the constitution of Massa-
chusetts and in that Of some other
states, but it is very clear that this
can only be justly done after full de-
Tense, hearing and argument. Advo-
Gates of the preposterous innovation
Of judicial recall have relied upon the
methods of removal of judges as prec-
edent. but the reference only shows
failure on the part of those who
make it to understand what the re-
moval by address was"
Last Session Held.
This the last day of the American