The people's voice., 1957-01-25
Editorial .
missouri Plan" Runs Counter To
Busie Democratic Principle

bQSEC UenOCIuTIC TIIHC1plC
Sunday the Poles had an They didn't have much
choice They could itoist Communist candidates
candidates adhering to the Stain brand of Communism
Yet the Poles had freedom of choice in last Sunday
election than will people of Montana the socalled M
souri, Plan selection of State Supreme Court justices
written into State Constitution
The Missouri stripped of all its fodero tears
of self government in Montana right of
people decide for themselves what members of the legal
fraternity shall sit on the states highest court
Should the proposal be incorporated in the State Constu
on nnean commission of supposedly superior citizens
Ordinarily awyers) would henceorh to the Governor
list of attorneys most capable in the commissions opinion
to fill any vacancy occurring on the high bench.
the vacancy filled at the following general eec
would have the choice of either voting for
nung said judge the court voting against continuation
No other candidate for the office would be permitted the
ballot said judge rejected the commission would submit
another list of to the Governor and the whole
would be repeated again.
Should this un-democratic method selecting judges
adopted basters of other than the most conservative think
ing would seldom find themselves called the
black robes of the supreme court Corporate reanes have
influencing the thinking of attorneys That five district
judges and the president of the state bar association would sit
the commission in itself an advance warning OF what can
be expected the thinking of attorneys whose might
be submitted the Governor for consideration With few
cepons district judges IN Montana are not known Tor beng
ospoken advocates of The for lawyers
who at time another president of the state
association
Should the Plan be adopted would make as
much for the people to delegate to the Governor the right
to appoint all other state officials the people do not have
enough intelligence to the they would have sit the
state court hen they also lack the brains to pick
other state and federal officials In fact such line of
ing CD carried to its ultimate and ridiculous conclusion raises
serious questions to whether the voters have sense
enough to elect public official whether President Gov
ernor legislator, mayor school board member.
Rather than make election of court justices only
foay proposed by the sponsors of HB 49, democracy
best the their sometimes bunder
ing takes unto themselves the direct responsibility
choosing those who the whether the post be
judicial legislative executive branches of gov
ernment.
While of the shortcomings supreme
any the sponsors of B this proposed would
accomplish nothing pave the for entrenchng
reaction the high bench.
Very possibly realistic, and certainly demo
cratic of the shortcomings of the
court is contained in HB 13 by Anderson R-Yeowstone)
Under HB 49, the post of court justice would
maticaly become the justice filed for any office
other than reelection Political campaigning
members resulted endless delays action
small contributing factor to the huge backlog of
reny awaiting decision HB 1 the
of the trouble but in way attempts take from the people
their sovereign freedom naming
state supreme