New-York tribune., 1919-10-22

e"usc VI ueiay ana ulSSaClS1ac-
ton in the administration of justice is
inexpertness in judges themselves.
Gwen Judge who understands his
work, who is equal to his job. who
comes to his task reinforced by broad
experience and profound study, who
has come into close contact with the
problems of human nature and reads
society and all its flaws and difficult
ties like an open book, with mind
precise and acute he goes directly to
the issue. He is ready and prompt
with his decision. His decisions are
generally respected, and justice is hon.
ored in democracy which enthrones
justice.
I'VE don't want the bench turned
into law school to educate promising
young lawyers. The Supreme Court of
the State of New York is the highest
court of original jurisdiction. It's work
is of vast Importance. 1t is work
which involves consideration of the
most important problems that can arise
in our leading commercial city. We
want no experiments in that court.
We have altogether too many of them
as it is.
1--WE ought to have a sentiment in
this city which would demand that
men accredited by those who know
them in their profession, men who
have come out of struggles and diff
culties and shown ability and have
experience and are ready to perform
the tasks Of judges, should be selected
for this honored work. We do that
altogether too little
Would Retain Able Man
"But democracy is an approximation.
not perfection. We have ou1 troubles,
and If we are intelligent we rejoice in
those troubles, because it is through
that agonlzing of spirit and through
those constant seeming failures that we
get along and progress and develop the
civic spirit which makes possible in the
DIM future the realization of our
dream. But one approximation that
we can make, that happily we have
frequently made and that we should
now make, is that when We have got
an experienced and faithful judicial
servant keep him on the job.
This is especially true when we have
trained men, and we ought to get the
benefit of the training that the com
munlty has given. If we do not always
select men in the first instance who
are already fully proved to be worthy
OF Judicial office, then, by all means
chief of those in judicial office, who,
through long experience, have gained
the qualifications and certainly at the
time that the issue is presented stand
ity, fearlessness. judicial qualities, in
dustry and fidelity Keep Newburger
and Smith on the bench.
1T IS a difficult undertaking--this
undertaking of establishing the reign
of justice. 1t is difficult undertake
ing in the world at large because of
the rlvalries that exist, the ambitions
that are entertained. the distinct
policies and various incidents of sepa-
ratlsm. 1t is a matter of tremendous
difficulty here in the free republic
OF the United Stass. We are now
facing the problem of whether we can
preserve this respect for justice or
are to be disorganzed into competing
groups battling with the ideal. Of
course each group trying to exploit
itself at the expense of the general
community.
There is only one way of meeting
that issue and of succeeding in this
great experiment of democratic gov,
ernment and that is by establishing
constantly, buttressing the founda-
tions of the administration of justice
the essentials, principal of which is
the negatlon of the rule by force and
lWrentchment of the rule of reason.
Z
campaign is whether we are going to
reestabhsh in this community the
principle so that for q generation it
may be read, as it was long read after
the experience OF twenty years ago,
that we will not permit any political
boss to put q person in Office because
he thinks he will be subservient to
him in judicial Office, or to turn down
proved and faithful judge because
he has not been subservient in the eX-
ecution of his office.
"And so it is not simply that we
want the experience of the man VINO
has proved to be q faithful servant and
has attained the experience; we want
the protection in the interest of the
community of that faithful judicial
servant.
"The very fact that we are having
our difficulties in nominating judges,
the very fact that our instinct of de-
mocracy protests against the election
by professional class, the very fact
that we are desirous of having the most
open field, and that it results from
time to time in giving US judges with
out the qualifications we should desire
them to have, should make US all the
more determined that when we find a
faithful man we should keen him in
office. and that he can be cheered and
consoiled by the thought that no boss
or political leader can turn him down."
The temporary chairman Of the meet
ing was eX-Supreme Court Justice
Francis NJ. Scott. He recalled how all
the bar associations in the 1st Judicial
'Nstrlct reNuer ted the denomination of