Evening star., 1922-03-05
BY THOMAS II. MARSHALL.
Former Vice President of the
United States.

HETHER the form OIL
NN/ government be oligar-
v chic, monarchic or
democratic, whether in
dividuals hold democratic. social
1stic. anarchistic or other views.
controversies in society which can
not be settled by parties to them
must be settled either by force or
by courts. He is a rare man who
objects to settlement of contro-
versy by judicial decision. But
more and more are found men who
have their suspicion of the judge or
arrogate to themselves greater
knowledge of the law than the
court possesses.
In a democracy it is important
that the legislative branch be in
telligent and incorruptibIe. How
ever. the work OF legislative bodies
Is rarely permanent and If Interior
motives have prevailed there is a
speedy way Of wiping bad legisla-
ton off the statute books. In
democracy. too, 1t is highly essen
tial that the executive be above re-
proach and that he inspire popu-
lar esteem. Nothing rests more
largely on faith and confidence
than system of government.
Whenever those who are governed
begin to suspect their officials, that
moment the foundations of law and
order are being undermined.
The American people seem to
have developed habit of sneering
at their legislators. They refer
slightingly to them. The wonder
is. in view Of such conduct. that
legislative bodies have maintained
the standard of knowledge and in
tegrity that exists. Scoundrels
and fools might be expected to pre-
dominate. How to maintain the in
tegrity df the courts. particularly
how to fill the judicial offices of
the country with men in whom liti-
gants and the people at large have
confidence, is q serious problem. Bad
legislation may be wiped out with
out permanent injury. Bad execu-
tion of the laws may be remedied
at the next election. But faulty
and vicious judgments of courts
are not easily corrected. II an un-
just or a cowardly or a time -serv-
ing opinion is permitted % stand.
it becomes a precedent which may
be used for additional injustices. to
the further weakening of public
confidence in the courts.
II majority and minority opin-
ions are given to the public for
consideration. sentiment grows that
judicial opinions are not SO sacred
but that the town meeting. may re-
verse them. II principles of law.
versed in another case seemingly
similar. doubt is created which is
worry apt to lead the people toward
a suspicion that both eases We're
decided not impartially. but be-
cause Of favoritism or influence. To
place the courts above the suspi
cion of influence and to fill the
benches with able. incorruptible.
impartial men. is q great duty de-
ordinate powers In which the court
is the final arbiter.
+
Perfection Is not to be attained
unto either in personal or govern
mental affairs. Yet we are not
absolved from responsibility to do
the best we can. 1t is ours to re-
move this safeguard against an
archy as far as possible from
ulterior motives. Various plans of
choosing judicial officers are in
operation. and each plan has been
the object of assault. 1t was
sought TO put federal judges with
out the pale of prejudice and par
tisanship by giving them life ten
ures. but against those courts has
been the cry that they are auto
cratic, dictatorial, wholly unre-
sponsive to the common sense of
justice. Charges have been fire.
quent that appointees were se-
lected on account of their alliances
or their belief in certain princi-
pies. Most Of the states have gone
against the system of the general
government and have made the
judiciary elective by the votes of
the people for limited terms. This
has brought complaint that judges
lack backbone. that they are
afraid to express legal opinions.
that they render decisions in the
light of coming elections at which
they may be candidates.
Because of that blundering habit
which English-speaking people