The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-22
THE JUDICIARY.
Another Examination Of the Citizens
Cppncjty 10 Choose Judges.

To THE EDITOR OF THE SrN-Sir; The
petulance shown by Mr.. Jessup In the
first paragraph of his letter appearing
in your columns on April II is due
no doubt to pride OF authorship. AS
one Of the collahorators on the draft
judiciary article for appointive-elective
Justices, he hreathes that broad spirit
of tolerance that reformers are wont TO
display.
Rega riding the charge Of misrepresen-
tation and unveracity. ! might say In
the classic language of one OF our
statesmen. "Shoo, fly. don't bother me- !,
but ! prefer To inquire how abuse or
ono taking an opposite stand from him
can advance his cause. Mr. Jcssup
should not forget the rule OF pleading
that where misrepresentation Is charged
against another the particular facts con-
stituting the same must be alleged. lie
has not attempted TO disprove by a
single quotation from the proposed or
drat judiciary article any OF the state
ments made by me as to its inherent
weaknesses and pernicious tendencies
He has merely assever1ted Conclusions
without any findings OF fact to support
them. He has left the proposed judi
ciary article as he has found II, eva
nescent, mystical and vague.
one circumstance stands out clearly.
pointive-elective judiciary only half be-
lieve in our republican form of govern
ment. They are a study in contradic-
lions They recognize that the voters
are in possession OF well proportioned
Judgment. qualifying them to choose
a Chief Justice whose duties would make
II necessary for him to have all the es-
sential requirements not only Of an
able Judge but of first class execu-
tive as well. They do not, however. be-
lieve that these voters are possessed OF
talents sufficient TO entitle them TO
choose the rest OF the bench. II Is as
though they were to assert that an ar
chitect whose mind conceived and de-
signed the Pennsylvania Station could
not conceive and design other buildings
of like substance and beauty. IL is on
par with tho claim that great
musician Is without ability TO demon
strate his talents on moro than one
make of piano.
There does not seem 10 be merit in
the charge that a lawyer loses dignity
when he submits himself as a candidate
for a judicial office. on tho contrary
the manly attributes which lead men 10
seek election to the bench create that
true dignity which appeals TO all with
red blood in their veins. Resides this
method OF choosing Judges Is accom-
panied by very wholesome publicity
which has at most times been produc-
tive OF good results. and which would
in large measure be absent from the
appoirtive elective plan.
The propo sitlon that n poor man will
stand a better chance OF n judreshp
under the system proposed other things
being equal. Is. ! venture 70 say. founded
on the fallacy that the appointing Judge
will not consider "A lawyers pecun!ary
condition. IL would appear logical that
an appointiVe-electIve judiciary Will pre-
scribe as one Of the rules that a lawyer
to be eligible for appointment must have
more than ordinary means. One OF the
reasons why Il Is safe to predict the
enactment OF such a rule is because
those urging this change as rule hold
TO the view that a poor man may be
purhasable while a man OF substance
is above such temptation.
The proposal for a spring election 10
elect "A Chief Judge Is open to the OBJ
he Incurred. Besides there is no call
for such a change; for aside from the
fact that very few voters would partici-
pate on such a special occasion-wit-
ness the spring election 70 determine az
TO whether the Constitution should be
revised--'hcre is the further fact that
voters do exercise dis Elimination and
judgment IN the choice OF Judges NJ
general elections. az The figures OF any
recent election will show.
Truth TELLER
Nrw YORK, April 90