The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-10-28
,a chose, n. Judge, differ with you en-

be chosen as Judges I differ with you en-
tirely. while there have been exceilent
Judges whose claims to selection were
based solely on their professional attaIn-
ments the greatest judicial names IN inc
history of tho law are those OF me"
appolntcd from political activities.
Lord Manshe<i probably the most
famous of the English Judges was an
active partisan up to the time OF me-
appointment. being the spokesman OF ms
party on tho floor of the House OF Com
mons. John Marshall, the greatest judi
clai name in American history. was
Secretary of State at the time or MS
appointment as Chief Justice by JONI
Adams at the close OF the latters admins
tration, and had been AN active Federaiist
fancy. his successor. an active partisan
was also IA great Judge. Chase, APP
pointed when Secretary Or the Treasury
as Taney's SUCCESSOR. might have made
great Judge II he had not been angling
for the Presidency. The two suocessors
OF CH.l, :, had no public or political record
when appointed, and II may be safely said
that. In The judgment Of the profession,
neither of them ranked with their pre-
decessors.
The present chief Justice OF the United
States was holding n political position at
the time of his appointment as Associate
Judge of the United States Supreme
Court. and tho Associate Justice from
New York State was serving AS Governor
of the State when he was appointed.
Surely these men stand high In pro-
fess,onal and public esteem.
Elihu Root for the last dozen years has
been most active In party politics Who
would Critlcise his selection by his party
for any judicial office on the ground OF
his previous political activities?
To turn 70 my own party, the younger
Peckham, at the time Of his death a
Justice Of the Supreme Court OF the
United States, before he went on the
bench attended all tho Democratic con-
veutions as the spokesman OF the Albany
organization ,machineD. When on the
Bench OF the Court Of Appeals Of this
State. In the election cases OF 1891, he was
that Joined the Republican minority IN
the endeavor to prevent tho dlsfranchise-
ment Of the Republican electors OF tho
Onondaga Senatorial district.
| am inclined to think that people who
have had experience in politics are the
best titted 10 resist political pressure. II
is the hoy brought up In tho woods who is
not frightened by the screeching OF the
owls.
6. Municipal Home Rule--A urant to elite,
and villages OF broader powers of local Ac-
tion, the right to adopt and amend their
own charters and laws regulating their own
local municipal affairs and prohibition OF
I
cerulng local municipal affairs.
am IN favor of all the provisions sus-
gested In this question, with, however. the
qualification that unlimited power cannot
/ be accorded to a city to make or amend
I its own charter. But | am especially
! IN favor OF prohibition OF any legisla-
ton to compel municipality TO incur
debt or any expenditure by raising sal
aries or by entering upon public works
T. That the passing Of private claim bill,
J b. the Legislature should be prohibited.
! There Is now and has been for the las,
'orty years constitutional proviso to
| this effect.
8. That tho granting OF franchises In per
/ pstulty should be prohibited.
In this form a constitutional prohibition
would he of no avail, for a grant for two
| hundred and nifty years would not be In
perpetuity ANY constitutional provision
OF this character must limit grants e
some particular time
Respectfully yours,
EDGAR NJ. CULLEN.