46
THE GREEN BAG
"We may safely start," he says, "with the proposition that the great body of the people believe that the legislative and executive branches of our governments are under the in fluence of aggregated wealth. There is left but a single branch of the government free from this suspicion. Fortunately the judi ciary has, with rare exceptions, enjoyed the con fidence of the people in this country, but it does not follow that it always will have this confidence, nor indeed will it be entirely free from the influence referred to. The people are not deprived of their rights in a day. They sometimes have them restored in short order, but they are always taken away by degrees. Nor will the suspicion or belief that the judi ciary is under the influence of the capitalistic class be a sudden realization, but rather a gradual dawning, and it behooves a patriotic people not only to see that its judiciary is kept free from the dominating influence of any class, but that the presence of such a con dition be not suspected." Alter calling attention to the feeling already existing in some cities against the police courts, and the dissatisfaction in others with the sys tem of elective judiciary, he suggests the dan ger that the allurements of power could not be withstood by some and that in consequence all would be under suspicion. "It is far better for the public good that no candidate for an administrative or legislative office should be taken from the judicial branch of the government than that now and then some brilliant public servant should be hon ored." The importance of this is emphasized by the increase in litigation involving great vested interests. The author concludes that: "Whether by constitutional amendment, as suggested by Justice Brewer, or by an en lightened public sentiment, it would seem to be well to establish the principle wherever we can, that no judge shall be a candidate for any but a judicial office during the term for which he is elected, whether or not he resigns before the term is ended. This would insure a judiciary largely removed from the influ ence of the party managers. It would keep off the bench men who are politically ambi tious, merely. It would tend to more evenly balance_the_scales^of justice. And it would
be a large factor in insuring the confidence of the people not only in our judiciary but in our judicial system. THE views of Mr. Justice Brewer referred to in the last article, though expressed some time since, may be appropriately summarized in this connection, especially since they have been recently reprinted in the Chicago Law Journal. The public always awaits with interest his utterances, and the article in The Independent (Vol. Ivii., p. 311) on "Organized Wealth and the Judiciary" deserves more than passing at tention. Though instances of even the sus picion of the direct use of money are singu larly few, "it must," he says, "be conceded that there are good citizens who are appre hensive that the same insidious influence which corporations sometimes exercise over legisla tors is also exerted over judges. We all know that electing one to judicial office does not change his character or increase his wisdom. Election is not a work of moral reformation, and the judge is substantially the same man after as before it. True, there is quite a common feeling that a judge is possessed of superior wisdom." "Still he is the same man that he was before election, and if then susceptible to im proper influences, is in danger of yielding to like influences after his elevation. There is, however, not only in the incumbent, but in the community, a high regard for the judicial office; and in the selection of judges there is always a looking to the character of the man, almost, as one might say, an instinct, which chooses an honorable lawyer for the place." "It must also be remembered that a highminded man on his elevation to office, even a judicial office, does not change his previously settled political convictions." "So it is not strange, but, on the other hand, is to be expected that, if a political question is presented, his prior convictions will largely influence his decision." "There are two things which tend to min imize the possible effect of all outside influ ence, including therein the influence of cor porate wealth and power. One is the indispo sition of the American people to transfer one from judicial to political life. It is encourag
