The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-20
IN THE ~PREPRTMARY.
Another Plea for the Isolation and
Insulation Of the Bench.

To THE EDITOR OF THE SuN-Sir. When
tho professional politician for his "
purposes, regardless of the public inter
est and Indifferent ~ the spirit of our
institutions. proposes a member OF the
Supreme Court bench for the Presi-
dency OF when the man In the street
not having particularly considered the
question and thinking only Of the name
MS that of n good and dependable man
does the same thing. we are not sur
priscd.
But what is to be thought OF the
president Of a great university, presum-
ably entirely aware Of the ideas which
brought the Constitution into being, who
finds that the supreme duty Of the
Chicago convention Is to draft Hughes?
Not, observe, with the thought of keep
ing inviolate the genius of our Govern
ment. but only for the purpose OF keep
ing one OF the parties within the state
unified. This and some other expe.
ricnces should shake public faith as to
the wisdom Of drawing such gentlemen
from their clustered life into the con-
fusing business of the outside world.
1t is well known that when the Judi
ciary was made the third prop Of the
State 1t was the intention of the Tram
ers Of the Constitution to create a body
n" far out Of reach OF the disorders OF
nv l'blitltdi 90 wac iAthi
possible. They we're 60 be appointed by
the President, confirmed by tho Senate.
not by the popular branch OF Congress,
and they were to hold office for life.
Being so appointed. II was equally OK
pected that they would not allow the
temptations Of monetary reward. or po-
lttlcal or professional ambitions. to draw
them from their duty or cause their
resignation.
T., sl., ~ ..t,, Toe,
they would. II was thought. and expc-
ricnce has in the main confirmed the
Judgment OF our forefathers. acquire "A
habit OF mind that would meet no ques-
ton except as n new problem II he
Systematically attacked and finally
solved by the concerted efforts ~ a sort
OF general staf. For the quick de-
c!s!ons Of the field Of action, for the in
tuitive vision that must direct and con-
troll a popular impulse. their habit OF
thought insults them. Besides. the legal
habit of thought is from precedent TO
precedent. and the next Chief Executive
of the United states is likely to fall
upon times for which the history OF man
kind offers no rules OF procedure.
Into this we'll ordered tribunal OF last
resort. from whence Justice should issue
like water from a mountain spring far
of the travelled routes, II Is proposed TO
inject the virus Of political ambitions
they who compose II are to adjust their
ears to catch the notes borne to them
or the temporary waves OF popular un-
rest. and are to he expected at the same
time to avoid judgments that are FOR
the moment and without visions OF the
future Of the nation. What SO likely 20
drown the voice OF duty as the humming
o. the Presidential bee about the head
Of justice?
More than all this Is the possibility
that political y bargaining. the bane 90 our
system. may play n part in the appoint
nent of future Justices. II would not bc
difficult to form some plan by which an
outgoing President was to have a place
on the bench vacated by his successor,
or by which one taken from the judiciary
to the executive might agree on the APP
pointment In his place OF a Judge known
to favor certain interests. II would in
troduce jealousy between the members
and prejudice more than Justice would
mould their decisions. 1t would drag
the ermine In the mud and Crime OF the
marketplace and the court would hecome
a place OF bargain and sale. which pub
lie Indignation would some time abolish.
without, perhaps. being able to supply
any hitting substitute IN It's place. No.
let us keep at least this division OF the
Government out OF reach OF the just
criticism Of tho press, the deserved re-
proaches Of the people and the regrets
Of posteri'y by dropping his III consid-
cred movement to nominate one of its
members to the Chief Executive. Here
is the opportunity for one who has often
stood high in the public honor to give
US a revival OF the elder patriotism. and
persisting In refusal Of the use Of his
name warn the country that II such n
movement should be carried to a con-
clusion:
Twill he recorded for a precedent.
And many an error by the same example
Win rush into the state: 4, cannot be.
H. y. G~oErscHIUs.
H~AckENsAcK, y. j., Ma is.