The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-15
OUR UPRIGHT BENCH.
4 Tribute PROM n sawyer ~ Half n
Century's Experience.

TO THE EDITOR OF THE STN--Su' Tue
publication III riiE SuN last week of a
letter signed Truth Teller" In regard TO
the proposed constitutional amendment
providing for the appointment of Judges
emholdens me to write you upon that
subject.
| have practised law in what is now
the city of New YORK since May, 1867,
and for The greater part OF that time
have been I'm active practice ANA have
practised during portions of that time
In all the courts. civil and criminal.
from courts held by justices OF the
peace to the Court Of Appeals. includ-
ing of course the criminal courts. This
much regarding my qualification to
speak on the subject
The advocates Of the appointive sys-
tenn may be divided into three classes:
Those who allege that our Judges are
incompetent.
Those who allege that they are sub
ject to influence.
Those who allege Partially.
| have seen no charges of corruption
and we may pass that point without
comment. 1t seems TO mo that those
who assert "A proposition are bound to
substantiate 1t by evidence.
There Is an old adage that one should
not attempt to destroy unless some
thing can be substituted that il better
than that which is TO be destroyed
There appears To be no evidence to the
effect that better Judges can be pro-
cured by appointment than by election
and the long list of elected Judges since
1886 down to Judge Cullen seems to
indicate that the elective system can
and does produce Judges who are In
every way equal TO those appointed In
the United States courts or In any
OF the state couIs. and II has been
shown from time 10 time that our sys-
TEN OF Impeachment is ample to pro-
tect the people against Judges who use
their office Improperly
Now as to the evidence. | have never
during all these wears OF practice hap
pened TO find Judge who was incom-
petent although have frequently
found that the higher courts have not
agreed with tne lower courts In their
construction OF law. but this Is no evil
dence OF Incompetence on the part of
the Judges who are reversed on appeal.
II Is simply an evidence OF disagree
ment as TO the law. and while | have
often disagreed with Judges as to the
law and been obliged to correct their
views on appeal. / have never had oc-
casion TO question the intelligence OF
the Judges.
As 20 tho question OF Influence.
three times in the course Of my expe-
ricnce | have feared influence. In
two OF the eases the decision showed
that the Judge was impervious to politl-
cal or other influence and in the third
case the decision OF the Judge was one
In which he might have honestly DIFF
fered with me as to the law, but which
difference. ! regret to say. seemed to
me TO arise from political considera-
tions. In this case. "a IN many others.
the people corrected the situation by
defeating the candidate at the polls
when he came up for reelection. and as
a rule 1t has been found that the peo-
pie are fully competent TO Judge OF
the qualifications of those who seek
TO he Jviges
As To- the question OF "partiality"
have no words with which 10 condemn
the class OF lawyers who seek TO charge
their want OF success upon Judges who
hear their cases Lawyers who make
this point are usually mediocre law
yers. who are unable TO comprehend
the law and hence accuse the Judges
OF partially when they lose their cases.
and those who seek TO select their
Judges simply evidence the fact that
they themselves are Improper persons
to he charged with the administration
OF the law
have never found any occasion to
look for any favor from Judge and I
have never had a case decided against
n" whore J had any reason 10 believe
that q was SO. decided because OF any
faFor!tism or partially
The question IL OF the deepest inter
est no. only 20 reputable members of the
bar but 10 every citizen. and have
seen no scheme suggested which will
remove or tend 10 remove the alleged
evils Of which so much complaint q
made. for in the end. ms II seems TO me-
an appointed Judge is Just as much
subject TO mistakes. 70 be Improperly
influenced. or 20 be partial. as an
elected one, and as have previously
stated the electors Of this State have
heretofore shown IN many instances
their ability 20 discriminate IN regard
20 Ire ability and qualifications 81 heir
Judges.
Should not those who max. the
charges against trio Judiciary hc re-
CURED 70 specifically give the evidence
upon which the charges are based
SIDNEY 7 RAwsoN.
PORT Rich Mo%n. April ~