Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-03-29

native 10 adopting some Otnef ihethous
of bringing the Judiciary, when
ever necessary, into closer touch with
the people, declared Theodore Roose-
Welt tonight in an address to popu-
las mass meeting. Mr.. Roosevelt de-
voted his attention almost wholly to
the question of the recall of the judi
ciary which is now agitating Califor'
MIA and several other western states.
He repeated his Endorsement OF the
constitutional amendment soon to be
presented to California voters which
provided for this method of controll-
ing the courts; but again stated, as
he did in Los Angeles last week, that
he did not believe that it was the best
way in whi1h the problem could have
been met
Normally and under most condi-
tions," he said, II do not believe in
the recall as generally understood
and as it has been proposed for adop-
tion by your legislature. Here in
California my belief is that you have
mad on the bench judges who were
in the highest and finest sense the
custodians of justice, and others
whose acts have jeopardized the
cause of justice. That some Of your
Judges have been placed upon the
bench under the old convention sys-
tenn in response to the demands or
special interests I have little ques-
tion. You have now provided for a
system of nomination of candidates
under which the special interests cam
not nominate a Judge unless the peo-
pie come grossly short in the per-
formance of their duty; and you also
have provided in the most efficient
fashion for a non-partisan judiciary.
the judges name not going on the
party ticket as a party candidate. Per-
sonally, when you have thus provided
for the nomination of judges in the
future, | should have preferred to
see your legislature act in the matter
of recall of the judges by providing
for the removal of any unfit judge
by a majority Of each house, on as
signment of reasons, but without the
intricacies Of impeachment proceed.
ings. and then instantly removing anv
judge who ought to be removed. This
would have been my own preference.
1t was not the course actually adopt
ed The legislature preferred to put
this responsibility upon the people
themselves; and, therefore, you are
faced by the alternative of leaving
the present system unchanged or else
adopting the amendment as propos"
ed In the immediate emergency there
is no other choice, and this being the
case ! feel very strongly that the
amendment should be adopted.
Personally, ! think that TO elect a
judge for very short term without a
recall is more destructive of the
Judges independence and usefulness
on the bench than to elect him for a
long term with q recall; and If peo-
pH would only pay attention to the
facts and not names, this would be
universally recognized. For the very
reason that ! care for the fact and
not for the name, | emphaticaliy be-
lieve in making a change. in adopt
ing any necessary methods where for
any reason certain judges cease to do
justice. A few years ago. for in
stance. in Missouri, the aftertime gov
ernor of the state, then District At
torney Folk, conducted series OF
prosecutions against men who had
been guilty of high treason against
| the nation and the American people
| by practicing corruption in its gross
est and most scandalous form. Con-
vietions were obtained and / have yet
| to meet the intelligent man who
does not believe that those eonyic-
tions We're justly obtained. On what
| am obliged to stigmatize as the
merest technicalities, the judges OF
| the highest court upset the convic-
tions thus obtained i'm the lower
| courts and the result was heralded as
defeat of Mr.. Folk and a condemna-
ton of what he had done. In my
| judgment, it was not a condemnation
| of Mr.. Folk, it was not vindication
of the men; it was a gross mlscar-
riage of justice at the fountainhead
! il was a miscarriage of justice for
which the responsibility rested upon
| the men of all others to whom justice
should be dearest, the men Of all 9th.
| ers upon whom the republic should be
able to rely with most confidence; the
| judges high up. In such case
would have advocated any method
necessary for giving the people abso-
| lutte control over the public officials
who had so acted"