The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1913-09-04
TAFT TALKS ON
NAMING JUDGES
CLINGS TO CAMPAIGN CONTEN
1lON THAT THEN SHOULD NOT
BE ELECTED BY PEOPLE.

Montreal, Canada William H.
Taft in an address last night before
the annual meeting OF the American
Bar Association returned to one OF
The issues OF the campaign in which
he was defeated for reelection as
president OF the United States and
advocated greater Independence of
the Judiciary. His subject was The
Selection and Tenure OF Judges" He
argued that judges should be appoint
ed instead OF elected and that they
should hold office for life.
The greater the independence OF
the courts" said Mr.. Taft, the
stronger their Influence, and the
more satisfactory their jurisdiction
and the administration OF justice. In
a popular government the most diff
cult problem is TO determine a salts
factory method of selecting the mem
bers of it's judicial branch
Selection OF judges by appointment
he declared, did not altogether de
priye the people OF this right. The
selection can be really popular with
out resorting 10 an election. The chief
executive elected by the people to re-
present them in executive work does,
in appointing a judge, execute the
popular viii. He can search among
the members OF the Bar and can in
form himself thoroughly as TO the
one best qualified. Generally he has
sources of information, both OF an
open and a confidential character,
and if he is not himself a lawyer or
paCCn1,pl1u ia J,,i1iar with tho 1In1ifi-
cations of the candidates he has 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 Switz-
erland and the United States, judges
are appointed and not elected"
Judges as Supplicants,
MIR. Tai, admitted that the United
States had many able Judges by eiec-
ton; but, he pointed ont. in many
states the practice prevailed of re-
electing good judges without contest.
Any good that might have been derry
ed from the elective system, however,
promised TO be lost. ne asserted with
the more general adoption of the di-
rect nomination system.
Like all the candidates for of
flee to be elected under such condi-
lions Judges" he said, are expected
to conduct their oWn canvass for their
nomination, TO pay the expenses of
their w candidacy in the primary.
and in Sc far as any special effort
is to be made in favor Of their nom
ination and election, they are to
make it themselves. They are neces-
sarily put in the attitude of suppli-
cants before the people for perfer-
ment to judicial places. Under the
convention system it happened not
i~nfrequently. for reason have eX-
planned, that men who We're not can
dates We're nominated for the places,
but now in no case can the office seek
the man. Nothing could more impair
the quality of lawyers available as
candidates or depreciate the stand
ard OF the judiciary. 1t has been my
official duty to look into the judic-
larry of each state, in my search for
candidates to be appointed to federal
iud~geships, and | affirm without hest
tation that in states where many OF
the elected judges in the past have
had high rank, the introduction of
nomination by direct primary has dis
lllItliN lilJiltu lIlt NlldI dtltl VI lIIt
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 f%ortituous cir
cumstances. Newspaper prominence
plays a most important part, though
founded on circumstances quite ire
|levant i'm considering judicial quail
ties.
Catering to Classes.
THE result of the present tend
ency iS.seen in the d~isgraceful exhibit
ton of men campaigning for the
place of state supreme Judge and ask
ing votes, on the ground hat their
decisions viii have Il particular class
favor"
In advocacy of a life tenure for
judges, the eX-president said that
only by this means could the judici-
AIRY be hedged around with ''immun-
ity from the temporary majority in
the electorate and from the influence
of a partisan executive OF legisla-
ture."
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 re
cognize the increased cost of living
as a reason for increasing judicial
salaries, although hat fact has fur
nished the ground for much other
legislation. They have declined to
conform the income of the judges TO
the dignity and station in life which
they ought to maintain, and have
kept them at so low a figure as TO
require from that class of lawyers
who are likely to furnish the best
candidates for judicial career a great
pecuniary self-sacrifice in accepting
appointment.
Nothing but the life tenure OF
the federal judiciary, its i%ndepend-