The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-09-03
Gives Reasons in AnAble Adj
dress before the Bar
Association.

Bar Association returned to one d
the issues of the campaign in which
he was defeated for reelection as
president Of the United States and adj
yocated greater independence of the
Judiciary. His subject was "The Sc
lection 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 pop
ular government the most difficult
problem is to determine satisfae-
tory method of selecting the mem
bers of its judicial branch"
Selection of judges by appointment
he declared did not altogether deprive
the people of this right. "The selec-
ton can be really popular without
resorting to an election. The chief
| executive elected 10y the people to
represent them in executive work
does, in appointing a Judge, execute
the popular will. He can search
among the members of the bar and
can inform himself thoroughly as to
the one best qualified. Generally he
has sources of information. both OF
an open and confidential character
AM he is not himself a lawyer or
personally familiar with the qualifi-
cations of the candidates he has an
advisers to aid him in the task. For
advisers to aid hi min the task. For
these reasons, in every country of the
world, except in the Cantons of
switzerland and the United States,
judges are appointed and not elect
ed"
Mr.. Taft admitted that the United
States had many able judges by cleo
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
ination, 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
themselves. They are necessarily
put in the attitude OF supplicants be-
fore the people for perferment to
judicial places. Under the conven-
ton system 1T happened not intre.
quently, for reasons have explained
that men who were not candidates
were nominated for the bench, but
now in no case can the Office seeh
the man. Nothing could more impair
the quality of lawyers available al
candidates or depreciate the standard
of the judiciary. 1t has been my off
cial duty to look into the judiciary o.
each state, in my search for candi
dates to be appointed to federal Judge
: ships, and l affirm without hesitation
that in states where many of thu
elected judges in the past have hat
high rank, the introduction of nomi
, nation by direct primary has. dis.
, tinctly injured the character of thu
bench for learning, courage and abil
. ity. The nomination and election o
a judge are now to be the result o
his own activity and of fortuitous cir
cumstances. Newspaper prominence
. plays most important part, though
founded on circumstances quite il
relevant in considering judicial quail
tiles.
+ THE result of the present tendenc,
is seen in the disgraceful exhibition
) of men campaigning for the place o
state supreme judge and asking votes
on the ground that their decision
: will have particular class favor :
In advocacy of life tenure 70
: judges, the ex-president said tina
> only by this means could the 1udiciar
' be hedged around with "immunit
from the temporary majority in tn
electorate and from the influence Q
n a partisan executive or legislature;
: This immunity, now enjoyed b
/ federal judges, continued Mr.. Tai
''has had some effect in making Con
i gress grudge any betterment Of til