Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-12-20
POLITICS AND THE JUDGEsH1p.

The appointment of Andrew Miller to the posi-
ton of associate federal district judge for North
proval Of that body. Mr.. Mi1ler's name was pre-
sented to the president a month ago on the recon-
mendation of Senator McCumber. At that time the
name of Seth Richardson was presented by Senator
Ladd. 1t has been understood since then that the
two senators from North Dakota had agreed to sup
port the appointment of either of these men who
might ultimately be decided on, and to oppose any
other appointment. Mr.. Miller, of these two, has
been selected. He will, of course, be supported by
Senator McCumber and it is taken for granted that
Senator Ladds supportwill also be given. This be-
ing true, the probabilities strongly favor the. en-
dorsement of the appointment, as it is only in ex-
treme cases when the senate refuses to confirm the
nomination of a man who has the support of both
his home senators.
The appointment of Mr.. Miller to this, position
represents the working out of one Of the most SIMS
ter elements in our political system. The "spoils''
system, once accepted as a natural development of
our politics, has long since passed into d~isrepute, and
while it is accepted without much protest that party,
and to some extent %factional considerations, shall
have their influence in the making of appointments
to most offices, there is a universal recognition Of
the fact that the judicial positions ought to be kept
as free from such influences as possible. In the
present case the appointee is a politician, selected
for this position because of his factional affiliations
rather than for any. suitability for this particular Of
flee. Just why it has been considered desirable to
name him for this position The Herald is not in
formed but if it had been desired to pay him a COM
pliment, to provide for his future, or to remove him
from certain fields of political activity in order to
prevent embarrassment to his superiors-all,of these
conditions it would seem might have been me BY
appointing him to some other than a judicial posi-
ton. Had this been done, there might have been
some grurnbling but there would have been no very
active resentment. I
In selecting the judicial office as a reward for
political activity or a medium for the working out
of political plans of which the public is not at this
time informed, the judiciary of the country has been
besmirched and its standing has been impaired. It
is bad enough when men are proposed and support
ed for judicial positions by more or less popular
bodies on the theory that regardless of law they will
render decisions in favor Of certain declared plans
and policies. Some allowance must be made for the
group spirit which causes men to- act upon impulse
in a manner in which they would not act deliberate
ly. But appointments to positions on the federal
bench are not made on impulse. There is ample
time for their consideration and ample opportunity
to weigh all the facts in connection with them, and
the appointment of MI. Miller now presented to the
senate seems to be utterly unjustifiable on any legit-
innate grounds.
His present attitude indicates an impression on
the part of sColonel Bryan that an arms parley is
harder to stampede than a party convention
Washington Star. !. ..5 a5@1
The Powers of Christendom solemnly promising
never. to wipe their CORY feet on Confucianl China's
soil add one rnoresto the asatires OF history, also to
the difficulties Of Christian missionaries meeting. the
5polen1ics Of the Far East-Brooklyn Eagle.