Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-07-23
NoN.PARrlsAN PRIMARY.

NOM PARTISAN PRIMARY.
Without half trial the new system
Of selecting judges is under attack. Inc
primary was the informal ballot. Inc
election will give second chance lot
elimination. When judges were nomi-
mated by party cliques and elected at
the tail end of party tickets there was
neither the first nor second chance In
the practical game.
The voter will handle his non-parti-
san tools more skillfully in succeeolns
years. He will find some means Tor
reliable publicity If biased or parti-
san press will not afford II. The only
danger now 10 want of information.
To propose to. go back to the clique
and tail-end method which has gone
far to destroy popular confidence IN
the bench for no ostensible reason ex-
cept the danger that single some
what notorious gentleman Will reach
the supreme bench is short-sighted.
For centuries kings, presidents ana
politicians have selected judges for us
equally dangerously but less notori-
Gus. The possible success Of the clever
but obnoxious Mr.. Salinger is not
enough to condemn the principle of the
primary. The wheels of progress in
Iowa rarely turn back.
Passing by the federal judges ap-
pointed by the president, but usually
put forward for his consideration IN
an atmosphere created and colored by
the leaders of the dominate party.
look back at the old way of selecting
state judges
State supreme judges were nomi-
mated at the wearied close of state
party conventions when many of the
delegates had left the hall and the
party bosses had their easy way. That
the character of the bench has been
as high as il has been is due to the
fact that the bosses are only half bad.
District judges were nominated by
party conventions managed by local
party politicians, by certain type OF
political lawyer and often by the UNI
identified agents of special interests.
The conventional dignity of the jul
dietary has exercised en- 1ugh restraint
to keep silent worthy candidates for
The bench VINO saw the cards stacked
against them in favor Of less independ-
ent candidates whom the interests be-
lieved safe"
The general primary will not be
abandoned in Iowa. We Will perfect il
by means OF the short ballot. corrupt
practice acts and other devices. The
judicial primary law should be per-
fected, not abandoned. It's teams should
be made clear. Publicity can be OBJ
tanned by recommendations by a nom
partisan committee similar to the Chi
cago Municipal League. and to the ILL.,
nos Legislative League and by bar
associations. The Oregon political
pamphlet giving important facts re-
garding candidates Will Inform the
voters. The press should rise to It's
duty of non partisan publicity.
The discussion Of the untitness Of a
candidate for the supreme bench is
new in Iowa. and is refreshing as new.
Why not? judge holds by suffrage
not by divine eight He is no longer
bewigged and gowned, a man apart.
Mr. Taft was never more absurd than
when he said He liked to think Of the
Judge as a priest of the law
The Judge is an elected servant OF
the people. 2 hired man, expert in a
branch of the public service. / assert
my conviction as a lawyer that great
good will result from merciless
scrutiny of the bench. Both bench and
bar have long run riot IN the highly
technical mazes of the law. which the
people have superstitiously believed
must have some hidden merit. The
simple truth and justice Of the law
have become entangled with its &c
tons and falsehoods because the Judge
and the lawyer are not directly re-
sponsible to public common sense.
Masses of Anticipated and cu,worn pre-
cedent weigh down justice as chainY
and make procedure drag slow as the
feet of the slave.
Consider this also: a wholesome sec
ondary result Of the judiciary primary
will be its effect upon the mental at
titude of the man on the bench The
law will not be reformed from within.
With transfer of responsibility to the
voter whom he serves. the judge will
have a growing fear of following pre-
,, cedent when It defeats justice; and
will learn to forget his bookish traSi-
tons. The litigant will not always be
the pawn in the legal game. The Judge
will not always be a passive and me-
chanical umpire over fiercely fought
legalisms while the right of the case
languishes.
Preserve the primary ard turn on
the light. The clear path to a simpli-
fed and prompt procedure is the direct
| responsibility Of judges to an awak-
ened public. Charles l.. Hays. EIdora,
ynwa