The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-17
THE JUDICIARY.
Reply to . Criticism Of the Elective
Appolntiye" System.

To THE EDITOR OF THE SuN-Sir: Tho
letter In this mornings SUN signed
Truth Teller" commenting on the draft
Judiciary article an theory gone mad"
suggests the preliminary observation
that the name signed is. in every sense
of the word. "A pseudonym.
The authors of this draft Judiciary
article are perfectly willing that II should
stand upon Its own merits and appeal.
to those who study It, as a whole But
Misrepresentation Of Its content or ef-
feet ought to be Immediately met, and
l suggest that Truth Teller" bellies his
name when he intimates that impeach-
, ment or the recall Is the only effective
weapon to reach Judges who are tenn
pcnmentally UNIT, slothful or other
wise undesirable. II IL obvious that
Truth Teller" has only partially studied
or considered the draft judiciary article
because one Of the fundamental, struc-
tural features 10 the committee OF dis
cipline In this consolidated and self-gov-
ernlng court, which committee of dis
cipline can deal with UNIT Judges as
with UNIT attorneys, and there 10 a
summary means, although based on
charges At . hearing. Of removing q
corrupt or unht Judge by the board OF
organization and control on the report
of the committee OF discipline.
The only other comment I desire to
make on Truth Teller's'' misrepresen-
tation Of this draft judiciary article Is
the reference to what he seems to con-
slider the adequate features OF electing
a Judge under the present primary law.
Assuming that either Truth Teller" or
myself wished to be q candidate for
judicial appointment in New York city.
will he sell me how. compatible with
the essential dignity OF the profession
or with the purse Of q poor man, either
of us would get the necessary number
OF signatures without Indecent solicita-
ton. BY ourselves or by others in our
behalf. and how the community at large
is going 70 determine our qualities OF
fitness based upon the ipss dixit of our
own petition or that OF our personal
friends?
The idea Of eleotins Chief Jus
,ice or the Court OF Appeals itself TO
exercise this appointive power Is that
AZ one Of the three great coordinate
branches OF government II should have
its root in the electorate; but II Is in
contemplation by those who approve OF
this plan that the Chief Justice or the
Court Of Appeals should be elected at a
spring election. focusing the attention
Of the electors upon the judicial system
of tho State apart from the ordinary
consiuerdlions OF poiltlCdi DIas OF dn-
vantage that characterize the general
election in which the peculiar character
OF the judicial office IL apt 10 be over
looked or simply Jumped in with a par
tisan ticket. In the city Of New York
the general election ballot requiring
electors to vote for each judicial can
didate separately and not under party
emblem IL. a. far as securing an intelli-
gent Weighing OF the fitness OF judicial
candidates is concerned. a scrap OF paper.
And l say this without the slightest
reflection on any incumbent of Judicial
Office nj present the system - inherently
wrong from the standpoint OF those who
desire TO insure the efficiency Of our ju-
dicial system. HENRY W. J4ssuP.
new YORK, April 10.