The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-10
THE JUDICIARY.
Would Appolntive Judges Better Serve
the state?

To TIE Eprron OF THE SuS--Str: Mr..
Jessup's letter urging the incorpora-
ton In the new State Constitution Of n
sort OF hybrid OBSERVATION-DISCLOSURES Judi
ciary In Interesting but hardly con-
vinclng. In n sense Il makes us bark
back to that famous aphorism Of Presi-
dent Lincoln. that this country cannot
remain half slave and half free The
judicial system cannot remain an ef.
fective instrument II IL Ia made partly
elective and partly appointive.
The draft judiciary article Is theory
gone mad
To make all Judges appolntivs ex-
cept one IL 20 forge mighty argu-
ment for the application OF the recall
IL seems to be agreed that the recall
should not AFFECT Judges; and yet IL
tho change urged by Mr.. Jessup is
made the recall IL necessary, as that
will be the only effective weapon FOR
the people to reach Judges who are
temperamentally unfit. slothful or
otherwise undesirable. ! say that will
he the only effective weapon. because
impeachment has It's disadvantages. as
IL generally known. and trial OF n
Judge by Judges would be q subject of
much delay and removal highly TO be
desired might not in the end result
To say that the appointing Chief
Judge would not he subjected 10 the
call OF partisansh!p as would the
Chief Executive were this appointing
power vested IN him IL TO attribute
to lawyers that degree OF excellence
and perfection which the public IL far
from assuming them to possess and TO
which as yet none have attained.
The draft judiciary article is fear
fully and wonderfully made. Running
through II like the almost invisible
stripe in some cloth or the vexatious
spirit OF an evil dream are the crH-ptic
words board OF assignment and con-
troll" This board II would appear is
composed OF the Chief Judge and SOW
eral OF the Judges that have been ap-
pointed by him or hy his predecessors.
These mystifying words show that tie
faith OF the trainers OF this drat; judi
CIary article In the electorate Is even
less than Mr.. Jessup would have your
readers believe. for the chief Judge
under II can only appoint as Judge a
lawyer who has been first certified by
certain OF the Judges previously APP
pointed. Thus the appointed Judges
become invested with greater powers
than their creator, the elected Chief
Judge.
The draft judiciary article e.tnces
q certain faith In the people. namely
that they may properly be trusted 20
pick one OF their Justices. Now. may
/. not he very reasonably advanced that
an electorate which may he left 70
choose judicial officer Of sufficient
capacity - exercise tho powers with
which by this draft judiciary article (,
is sought 10 clothe him. may be allowed
u say who its other officers of Justice
will be- And is the strength OF such 4
conclusion not beyond successful retuta-
ton when IL is considered that We have
direct primaries in this State. and q
general election ballot requiring cleo.
tors 70 vote for each judicial candidate
separately and not under a party en-.
blem?
The elective method II the best II
ju.tifcs our faith in a democracy, in
the right OF free people TO choose the
executive, the legislative and judicial
branches OF their Government. The APP
pontive method Is retrorressive, is
/ one step toward monarchism.
TRvTH TELLER
NEW YORK. April o.