The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-04
NOT TO DE ELECTED.

Tho bin introduced yesterday by Del
cgate Gordon for the election OF thc
judges of the Supreme Court CT Ap
pcals by direct vote OF the people |,
In line with the proposal now pending
for the popular election of member:
of the State Corporation Commission.
With all respect for the distin-
guished authors OF these measures, The
Times Dispatch cannot view either oi
them with favor. They would TO our
| mind inaugurate n system noXious in
| itself and disastrous in that 1t would
| Tend TO lower our judicial officers &c
the plane OF partisan politics.
! II Is argued. OF course. that these
| ciple of the referendum, the Initiative
and the recall and arc :; part of that
movement which would substitute d.
! rect for representative government. All
who advocate these measures will, We
presume. be urged to subscribe to this
proposal.
Wo believe in direct popular govern
ment. It IS right 1t IS necessary But
ii should stop short OF Immediate con-
initiative and tho referendum nre one
thing; the recall. with which they arc
generally mentioned, is altogether DIFF
terent In so far NJ seast, as II relates
to Judges The Initiative and the ref
crondum nre intended to make the will
of the people effective, either immo-
diately through the Introduction of
I laws, or ultimately, through the ref
erencc of those laws TO the people.
Both have to do with The Legislative
function OF governmental function
which tho people havo reserved to
( themselves or have delegated only for
brief periods 10 their representatives.
| If the referendum be needed In Vir-
| glnia. we have no objection to It. We
shall welcome 1t and every other means
! OF getting deliberate expression
of tho popular Will. If. again tho ini-
I tintive Is necessary, We shall urge it's
adoption.
! But when the judicial function OF
| government be considered. we arc
frank to express tho belief that this
should never be exercised directly by
tho people, or even through their rep
rcsentatives. except under conditions
which shall hamper as little as pos
siblc. the men designated as Judges.
Lcgislato the people can; fudge by
equity and statute they cannot We
go further. The average man of intel
ligencc, though qualified TO vote and
to pass OH matters under the referen-
DUN, Is not thereby equipped TO serve
in a judicial capacity where human
life. the rights OF property and the
equality OF individuals must DO deter
mined carefully. deliberately and with
out prejudice or passion.
Applying this general principle TO
the particular bills under discussion.
we arc of opinion that the men who
would appeal TO tho average voters
are not always the men who would
make the best judges or members OF
the Corporation Commission. We are
sure that the men who would make
/ tho most spectacular campaign for
/ those offices are not those who would
! deserve them.
| Fancy tho Judges OF our state SUI
! prone Court forced TO appeal to the
/ people for election! What would hap
| pen? At the very outset, lawyers who
/ would ndorn the bench would decline
to make an active canvass; Judges
( who have served for years and arc
I ominently qualified could not afford
/ the expense of campaign. The cam
/ paiSn would thus begin with tho elimi-
nation OF some OF those whom the
/ state most desires to have on the
! bench Furthermore. the men who
| would bear the expenses OF I, canvass
and all the hardship incident thereto
/ would, I'm the main. be those who
| have some interest to serve---thc very
men who would do the most damage
I on the bench. Beyond all this there
/ would, we fear be dcplorablc change
/ in the efficiency of our Judges Even
| were good men chosen under conditions
/ wiiich make, such selection almost
! impossible they would he faced with
! the prospect OF "a new election and
would be burdened with political debts
I accumulated during their canvass In
evitably they would lose that indie
( pendence without which even justice
cannot lie had.
/ The issue is more than ono OF tho
/ form of government. II Is one OF gov