The daily star-mirror. (Moscow, Idaho) 1911-1939, 1913-09-02
|SLAPS NEW SCHEME
FOR ELECTIVE JUDICIARY
PROFESSOR WILLIAM HOWARD TAFT PLEADS
SOUND DOCTRINE OF APPOINTIVE POWER.
FEDERAL COURTS SUPREME
Before American Bar Association, Former President
Upholds and Defends the Old Constitutional
System Power For Good.

MONTREAL, Can, Sept. 2-Declar-
ing that the supremacy of federal
courts to state courts is due because
law and justice prevails rather than
buncombe and mere sentiment" and
delivering what was constructed 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 after
noon delivered an address before the
American Bar association on THE Sc
lection and Tenure of Judges
Arguing against election of the ju-
dietary, Professor Taft declared that
the most difficult problem in a pop
ular government is to determine sat-
isfactory 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 by appointment? The
selection can be really popular without
resorting to an election said the
| former president. The chief eXecu-
tive, elected by the people to repre-
| sent them in executive work does, in
appointing a judge, execute the pop
ular will. He can search among MEM
bers of the bar. Generally he has
sources Of information both of an
open and confidential nature and if
he is himself a lawyer, he has an at
selection. For this reason in every
country in the world, except in the
Cantona of Switzerland and the Uni
ted States, judges are appointed and
not elected. Many states in 1S45
adopted new constitutions providing
for election of judges. A comparison
between the work of appointed judges
and elected judges shows that ap-
pointI.ents shows in the long run a
higher average of experts for the
bench.
Responsive to People.
Paradox as it may sound, appoint
ed judges are more discriminatory
responsive to the needs of commun-
ity than judges chosen by the people,
and this is because the executive is
enabled to appoint better experts.
Under the primary system, the Of
flee does not seek the man. The as
pirant must campaign and seek office.
Nothing could do more to impair the
quality of lawyers available as candi-
dates.
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 thac the
to affect the tenure of judges has
given to the federal judiciary an in
dependence that has made it a bull
wark of liberty of the individual.
"On the other hand" he said, this
has been partly responsible for con-
gress, attitude in begrudging better
ment of compensation. They have de-
clined to conform the income of the
judges to the dignity and station of
their lives, despite the increased cost of
living. I presume, therefore, that
despite efforts of lawyers, and despite
the confession as to the cost of liv-
ing i'll Washington, that actual service
In the government wrings from the
advocates of a simple life, who hap
pen to get into office, we must con-
-inue to require from judges mean
living and high thinking"
Federal and State Courts.
Comparing federal and state courts,
Professor Taft said:
Why is it that law-breakers pre-
er trial in state courts? Why are
ederal courts the terror of evil-doers?
S it not because the judge retains his
traditional control of the manner of
he trial and of the counsel and real
y helps, but does not constrain, tho
ury?
rs it not that law and order pre-
-ail there rather than buDcombe and
entiment?'
Answering the argument that life
enure tends to make judges naughty
nd unresponsive to the public, Pro-
essor Taft pointed to the recent i'm
eachment of Judge Archibald of the
ommerce court as a proof that judges
Who do a wrong can be punished or
emoved without the recall
The ex-president concluded by sug-
esting that placing of clerkships un-
er the civil service would eliminate
lany bad practices.
Committees Reported.
Reports of standing and special
ommittees and discussions of them