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would destroy their independence. And in the end popular sentiment has generally supported the courts.

The relative merits of appointive and elective courts have been a topic of much discussion. But conclusions based on a comparative study of the results of these two modes of selection are almost valueless. The method of selecting judges is best determined by local conditions. It is by keeping the courts free from executive or legislative control and removing them from the influence of temporary popular majorities that the independence of the judiciary is maintained.

The study has dealt chiefly with the tenure of the federal judges, although popular movements which have resulted in important changes in the State courts have been considered. At the close of the narrative a chapter of conclusions summarizes the problems involved in securing the tenure of the judicial office at the present time.

I wish to acknowledge my indebtedness to Professor Henry Jones Ford of Princeton University for helpful suggestions. My associates in the Department of Political Science in the University of Wisconsin have

read portions of the manuscript and have made important corrections. To Professor Edward S. Corwin of Princeton University I am especially indebted not only for the reading of the entire manuscript but for valuable suggestions and stimulating criticism throughout the preparation of the work. WILLIAM S. CARPENTER.

Madison, Wisconsin,

December 10, 1917.

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