Evening star., 1937-01-08
, Judges as Investors.

The president of the United Automo-
bile Workers at Detroit has challenged
the right of circuit court judge of that
jurisdiction to issue an injunction upon
the "Sit-down' strikers at plant of the
General Motors Corporation on the
ground that he is the owner of a large
block of the company stock. He declares
that the disclosure of this stock holding is
most shocking one and that the legal
counsel of the union has been directed
to bring the matter to the attention of
the State Bar Association with the view
of the impeachment of the judge and
his disbarment from the profession.
The Judge does not deny the accusation
of stock ownership, but holds that 1t
did not disqualify him from participating
in the hearing of the application for an
Injunction nor from granting it.
This raises an important question. Is
judge to be debarred from participa-
tion in the hearing of any case in which
he has any financial interest through
the ownership of stock? If so, is he not
debarred from the holding of any stock
whatever, inasmuch as in these days of
widely ramified business interests there
is always possibly present in cases in
volving property and working rights a
relationship, potent or remote, conceiv-
ably affecting the attitude of the jurist
~ hi hno INV ay,I ~
brought before him?
In this case there is specific statute
which bears upon the matter. A section
OF the State laws provides: "No Judge
OF any court shall sit as such in any
case or proceeding in which he is party
or in which he is interested" Naturally
stock ownership in corporation which
is party to suit constitutes an Gin
terest." 1t would seem that in such a
case the sitting judge might well hold
himself ineligible and decline to hear a
petition, seeking the substitution of an
other for himself for the immediate hear
Ing and decision.
But beyond the particular case in point
the question arises whether, with such
a statute on the books, a jurist can with
entire safety engage of any kind of
stock ownership. Must he eSchew all
opportunities to invest his surplus cap
ital In the securities of business corpora
tions which may become engaged in
litigation? Is there limit to his main
tenance of a personal endowment? The
field of investment is wide Attractive
Investments, assuring good returns, in
volve interests in very nearly every line
Of business and manufacture. If Judge
cannot invest without running the risk
of Involvement in possible prejudices
through his securities holdings, he either
must limit his investments to a small
range of financial goods or he lessons
his usefulness on the bench through
possible disqualification.
This Michigan case draws attention
TO condition which may require more
exact definition of the rights of jurists
as citizens and more explicit distinction
between these rights and the duties and
responsibilities of judicial officers. The
ideal suggested by the action just taken
In challenging the right of this partic-
ular judge to serve in a case in which
he held possible interest through stock
ownership is that judges should make no
investments Of any kind. live upon their
salaries alone and trust to annuities or
insurance for maintenance beyond the
range of those salaries and for the
benefit of their families after they have
passed away.