The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-07
THE Appo1NTIvE JUDICIARY.
An Argument In Favor Of Authority
for an Elected Chief Justice.

To THE EDITOR or THE SUN--Sir: Mr.
Barnes's criticism of an appontive judi
clary Is "inextricably intertwined' with
his assumption that the Governor Is to
appoint such judicial officers. The draft
judiciary article which was published In
the LdtO Journal last week and to which
you made reference OH your editorial
page in the last column meets tho Diff
culties which are confessedly inherent In
an appointlve judiciary where the Exec
utive liz made the appointing function
airy, but providing for the complete In
dependence OF tho judiciary, and yet pre-
serving Its immediate relationship or
answerabllty to the people by the pro-
vision that the Chief Justice shall be
elected by the people, the idea being that
no shall be elected at n spring election
especially held for the purpose, and that
he In turn shall appoint all the other
Judges, so that they will owe no debts
to any other department of the Govern
ment and their Independence shall be
preserved by n tenure during good be-
havior. but their efficiency shall be as
sured by not only preserving the right Of
the Legislature to impeach but pro-
vidlng within the court itself. when
standardized by consolidation. "A body
that shall have power TO remove sum-
marlly, but OH hearing. corrupt or unfit
Judges.
In tho discussion OF this feature Of
this ideal judiciary article the objection
has been made that the people could not
trust the Chief Justice OF the state TO
make proper appointments, that he
would be under the temptation TO use
this great power unworthily and that
therefore II ought to be exercised by
the Governor. who. God save the mark
Is concedcdly to be expected to be free
from all political or partisan motives,
and who never. God save another mark
would use this power of patronage to
bolster up his own political fortunes and
homes
Nevertheless some important and in
hucntial men. while desiring an appoint
I'VE judiciary. seem to thinl. II safer
that IT should have its source in the
Executive. and yet the unreasonableness
/ ot this distinction has Appealed TO others,
who have urged that the Court of APP
pcals or the court OF last resort OF the
state. whether II he seven or nine or
twenty-one in number tsee overture OF
jamestown Bar Association), should
have this power OF appointing the in
ferlor Judges
It's source by the people at separate
election focusing the attention OF the
people upon the importance OF the cleo
toral act II IL immaterial whether the
/ appointing OF the judiciary be by that
court or by single Chief Justice. The
term OF the suggested Chief Justice was
liked at four years In the plan In order
that he might be called TO an account
/ by the people for tho exercise OF his ap-
po!ntive power. II would be expected
that he should automatically be pre-
scented for reelection without prejudice
20 other candidates, but his indepen-
dence ought TO be- preserved by permit
ting him 10 become automat ically a
Judge Of the court II he preferred not 70
stand for reelection, IN order that he
might In proper case acquire such a
length OF service as would entitle him
70 retire on a pension
The more this ideal judiciary article
Is studied tho moro completely will It's
general harmony and consistency APP
pear. and ] welcome this III considered
observation OF Mr.. Barnes as the occa-
sion for bringing out little more def
n!tely one OF tho fundamental features.
HENRY w JEssuP.
NEW YoRv, April s.