Page:Notes on democracy - 1926.djvu/124

 filled with duffers, and many of them are also scoundrels, as the frequent complaints against their extortions and tyrannies testify. The English bench, as everyone knows, is immensely better: the fact is often noted with lamentation by American lawyers. And why? Simply because the governing oligarchy in England, lingering on in spite of the democratic upheaval, keeps jealous guard over the judiciary in the interest of its own class, and thereby prevents the elevation of the preposterous shysters who so frequently attain to the ermine in America. Even when, under the pressure of parlous times, it admits an F. E. Smith to the bench, it at least makes sure that he is a competent lawyer. The way is thus blocked to downright ignoramuses, and English jurisprudence, so much more fluent and reasonable than our own, is protected against their dull stupidities. Genuine talent, however humble its origin, may get in, but not imbecility, however pretentious. In the United States the thing runs the other way. In the States, where judges are commonly elected by popular vote, the shyster has every advantage over the reputable lawyer, including that of yearning for the judicial salary with a vast and