Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1911-08-03
Believes Conduct of Judges
Would be Exemplary In
Face of Law.
POPULAR ELECTION IDEA
Favors the Election of Feder-
al Judges With Four
Year Terms.

WASHINGTON, D. c., Aug. 1.-Se-
we're criticism of the supreme court of
the United States characterized the
speech of Senator Owen of Oklahoma,
who advocated before the senate yes
terday the adoption of his bill provid-
ing for the election and recall of fed
eral 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 a
resolution of congress-; that all dis
trict and circuit judges of the United
States shall be elected by the voters
of the district or circuit, and that their
tenure of office shal lbe four years.
Answering the contention of oppon-
ents of the recall of judges that the
electorate would not be so conserva-
tive in the exercise of the power of
recall as would the national legisla-
ture or the state legislatures, Sena-
tor Owen said that the electorate of
the American states is abundantly
conservative and moves more slowly
than it's progre ssive representatives
would move. The people, he maintain
ed, have been trained to give the ben
eft of the doubt to any one assailed
and, when in doubt, they will always
vote no.
Never during the 10 years that the
right of recall has existed in Oregon,
said the speaker, have the people
availed themselves of it against a
Judge, although there is one case
pending there which undoubtedly will
be decided wisely by the people"
The reactionary tory argument that
the people are turbulent, wild and Wis
itnary, unduly passionate, comprising
er, was held by the speaker to come
with poor grace from those who hold
their honors, dignities and salaries
from the same people.
Popular Election Idea.
Stress was laid upon the popular
sentiment that senators should be
chosen by direct vote of the people
The senator held that if the people
have intelligence enough to elect SEN
ators and members of the house they
would not be lacking in that quality
i it should come to the election or re
call of Judge.
"If the power of recall exists,
Senator Owen said. the conduct OF
judges will be so exemplary, so salts
factory 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 the
courts would promptly discontinue
their unauthorized, unconstitutional
and grossly improper conduct of de-
claring an act of congress unconsitu-
tional. The federal courts would no
longer, because of their views of pub
lie policy, amend acts of congress by
inserting words in important statues
which congress had refused TO insert,
as the supreme court did in the Stan
dard Oil case and in the Tobacco
Trust cases"
The recall, the senator argued, is
justified by reason and by common
sense. He could not see why any
one should insist that Judge, infirm,
disabled, feeble, decrepit and worn out,
should not be recalled except by i'm.
peachmenr.
The recall, he maintained, is much
milder system than impeachment, and
may remove a Judge without disgrace.
Says Act Has Been Perverted
Criticising the courts, the speaker
said that the 14th amendment intend
ed to protect the negro, has been twist
ed from its purpose to protect the
trusts and monopoles in imposing
long hours of labor upon employees on
the absurd theory that to deny the
employe the right to work long hours
is a denial of his constitutional. ''pri-
vileges.'
The speaker dwelt upon the declara-
ticn of the United States supreme
court that the income tax law of some
1e years ago was unconstitutional.
"The decision in this case said the
senator, "by the vote of one judge