The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-08-08
RECALL JUDGES
SAYS SENATOR
Owens Attacks Decisions OF
Judiciary and Lauds Con-
servatism of People.
COURTS ARE NOT LAWMAKERS
Reasonable Restraint Would
Shut off Opinions Like that
in Standard Case.
COURTS ARE NOT LAWMAKERS


the Supreme Court of the United
States marked the speech OF Senator
Owens of Oklahoma, who advocated
before the Senate the adoption OF
his bill providing for the election
and recall of federal judges. This
bill provides that any justice OF the
supreme court or any judge of any
other United States court shall be
subject to recall by resolution OF
Congress, that all district and cir
cult judges of the United States
shall be elected by the voters of the
district or circuit, and that their
tenure of office be four years.
Defends the People
In answer to the contention OF OPP
ponents of the recall of judges that
the electorate would not be SO con-
sentative in the exercise of the pow
er of recall as would the national
Legislature or the state legislatures.
Senator Owen said the electorate OF
the American states is abundantly
conservative and moves more slowly
than it's progressive representatives
would move. The people, he said,
have been trained to give the bene-
fit of the doubt to anyone assalied,
and when in doubt they always will
vote no.
Criticise Their Electors
The reactionary tory argument
that the people are turbulent, wild
and visionary, unduly passionate,
comprising an irresponsible mob no.
fit for power. was held by the speaa4.
err to come with poor grace from
those who hold their honors, digni-
J ties and salaries from these same
people.
Would Make Judges Better
eff the power of recall exists, :"
Senator Owen said, "the conduct OF
Judges will be so exemplary, SO sat-
isfactory to the people of the United
States. that no recall of any federal
judge would ever be necessary. The
: moment the recall went into effect
S the courts would discontinue their
; unauthorized, unconstitutional and
grossly improper conduct of declar-
Il ing an act of Congress unconstitu-
. tional.
Federal courts would no longer,
= because of their views of public pol
icy, amend acts of Congress by in
sorting words in important statutes
which Congress had refused to in.
lsert, as the supreme court did ir
the Standard Oil case and the tobac,
! co trust case.
Justified by Common Sense
The recall, the senator argued, is
4 justified by reason and common
= sense. He could not see why any
e one should insist that a Judge, infirn
disabled, feeble, decrepit and worr
II out. should not be recalled. excep
e by impeachment. The recall, HI
said. is much milder system thar
: impeachment. and may remove ;
Judge without disgrace.
Amendment Twisted
!. Criticising the courts, the speaker
y said the Fourteenth Amendment, in
:. tended to protect the negro, ha
been twisted from it's purpose t
protect the trusts md monopolies il
IS imposing long hours of labor upol
IS employees on the absurd theory tina
~ to deny the employee the right t.
work long hours is a denial of hi
IS constitutional privileges"
: The speaker dwelt upon the dec
laration of the Supreme Court o
the United States that the Incom
Tax Law of some sixteen years ag
so was unconstitutional.
One Vote Cost Millions.
THE decision in this case" tn
senator said. by the change of tn
vote of one judge of one lawyer i
this court. appointed at whose ir
26 stance we do not know has cost tn
poorer people of the United State