Popular misgovernment in the United StatesCruikshank, Alfred Byron
History
Popular misgovernment in the United States
Cruikshank, Alfred Byron
Suffrage -- United States; United States -- Politics and government
Although this extremely degraded judiciary has passed away, yet the
whole story is as pertinent today as it ever was, for the vileness Bryce
describes was the result of the operation of manhood suffrage in a large
city; and the same causes are still in existence. In practice in the
great cities the higher state judges are usually selected by the
political bosses; and the election is often a mere form, or at most a
contest between rival bosses in which the public takes but a languid and
futile interest. When the boss is a rich man as often happens in a great
city, he gets to know some able lawyers and sometimes makes fairly good
selections for the higher judicial vacancies. This is far better than
the populace would be likely to do if left to themselves. Another means
of protection for judicial honor has been the influence of an educated
bar, endeavoring to enforce the traditions of the past, and the examples
of other civilized countries to the effect that judges should be exempt
from political influence and bias. But when all is said and done it is
largely a matter of luck even in the highest courts whether the judges
are fit or otherwise. That the highest judges are still “bossed” is not
a mere vulgar notion. How can they escape? In the election for judges of
the highest New York courts in 1919, the charge that certain judicial
candidates were “bossed” was publicly and persistently made by ex-judges
and leading lawyers.
Of the California judges in 1877, Bryce says:
“The judges were not corrupt, but most of them, as was natural,
considering the scanty salaries assigned to them, were inferior
men, not fit to cope with the counsel who practised before them.
Partly owing to the weakness of juries, partly to the intricacies
of the law and the defects of the recently adopted code, criminal
justice was halting and uncertain, and malefactors often went
unpunished. It became a proverb that you might safely commit a
murder if you took the advice of the best lawyers.” (_American
Commonwealth_, Vol. II, p. 430.)
Public-domain text, read in full here on John Shaqi.
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