Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1919-03-18
Partisanship and the Judiciary.

= Court decisions are based on the law and the
evidence; In higher tribunals on the law alone.
The public would have little patience with
jU1ge whose rulings followed lines of political
cleavage 1t is doubtful if he would be per-
plitted out his term, and if he did. it is
hardly conceivable that he would be returned
10 office Likely he would be repudiated by the
very party whose ends he sought to serve. The
courts are supposed to, and in fact are, with
rare exceptions, above partisan influences.
How inconsistent it is, then, to let political
considerations dominate the election of judge,
especially Judge of the state supreme court.
Ordinarily they constitute about the least i'm
portant factor the voter has to guide him. If
there is any exception to this rule it grows out
OF such situation we have now in Illinois.
where there is one-sided representation. Then
the voters are justified in exercising sufficient
partisanship. other things being equal. to re-
store an approximate balance
Five sitting members of the Illinois supreme
court are Republicans. If the Fourth district
elects a Republican April l there will be six
from that party and only one Democrat The
ratio is entirely out of proportion to the
strength of the two political parties.
But that is not the main consideration. The
supreme court is supposed to give impartial
to be influenced to some extent by pre-conceiv-
ed ideas. A tribunal made up of men of sin
gle political school is not only less representa-
the. but is less capable. also of considering
Questions from all material angles. 1t is bound
TO be narrower in it's viewpoint
This is a condition which always has been
recognized in the selection of members of the
United States supreme court. Nine men COM
pose this tribunal. Seldom has either party
majority Of more than one. Vacancies are fill
ed by presidential appointment and the balance
Is maintained without respect to the politics of
The party In power. Republican presidents fire.
quently appoint Democrats, and vice versa.
The same rule undoubtedly would be follow cd
in this state If the governor named supreme
court Justices Under existing circumstances
Governor Lowden unqestienably would feel it
Incumbent upon him to select a Democrat to
succeed Justice Cooke. Probably there would
nsver be less than thres Democrats On the state
bench at any one time If the positions we're ap-
peintive,
Regular elections for supreme court Judges
s4s held separately and at a time OF year when
thsrs is least political agitation, Terms of in
cHmbency do not coincide with those of any
other Office. The intent of the law to keep the
ssneh free from partisan influence is plain.
Candidates go before the voters under party
labels simply because there is no other con-
vsaient nominating machinery. They represent
specific public policies and their election
should in no sense be regarded as a vindieatien
OF party or its principles.
Voters of the Fourth district heretefore
have shown disposition to keep tho spirit of
the law by subordinating partisan eonsidera-
lions to others which were more material
There should be no deviation from this policy
at the coming election.