Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
There is no reason to believe, however, that any such disorganized
method of choice would be tolerated. The most potent single power in
elections would end it. That power would be the extra-legal government.
Its organization would be put to greater trouble in advising and
directing the politically ignorant how to vote, because it would have
been deprived of the party circle and party column. But the advice
and direction could and would be given and followed. Each competitor
for the power of the successful extra-legal government would have its
slate of candidates. Each would prepare separate printed lists of
its slate to be distributed at the polls and the voter would for the
most part, as now, take the list of that organization he was loyal to
or feared the most, and vote the names upon it no matter where they
appeared upon the ballot. Thus the appointment and retirement of judges
by the extra-legal government would, after perhaps a period of chaos
and readjustment, again appear. Perhaps it would be even stronger as a
result of reaction and deliverance from the chaotic conditions which it
relieved.
It is impossible to escape the conclusion that in a metropolitan
district with one hundred thousand voters and upward, the selection
of judges by the electorate is practically impossible. It is equally
certain that the judges in such a community must be selected by some
appointing power. The real and only question is: What is the best
method of appointment?
No method could be worse than that which we now employ. Appointment by
the politocrats of the extra-legal government is so obscure, especially
when effected by primaries, that they are under no responsibility
whatever in naming judges and they have little interest in the due
administration of justice. Indeed, the situation is worse than that,
for they may have positive reasons for wishing a type of man from
whom they may expect certain courses of action which will actually be
inimical to the efficient administration of justice, particularly in
criminal causes; or they may be interested in filling judicial offices
with those who have done more in the way of faithful service to the
organization than in the way of practice in the courts.
Public-domain text, read in full here on John Shaqi.
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