The Birmingham age-herald., 1911-08-01
OWEN CR|TIC|SES
 SUPREME COURT Advocates Election and Re-
 call of Judges PEOPLE NOT TASTY
Oklahoma Senator Asserts If People Can Elect Senators or Congress- men They Should Also
 Elect Judges

f.f ef the supreme court of the United Sta. marked the speech of Senator Owe, V oklahoma. who advocated before U ate today the adoption of his bill p. .d- ing for the election and recall of federal judges. This bill provides that any jus tice of the supreme court or any judge of any other United States court shall be subject to recall by resolution of Con- gress; that all district and circuit 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.
 Answering the contention of opponents of the recall of judges that the electorate would not be so conservative in the ex- ercise of the power of recall as would the rational legislature or the state legisla- lures, Senator Owen said that the elec- torate of the American States is abund- antly conservative and moves more slow y than its progressive representatives would move. The people, he maintained, have been trained to give the benefit of the doubt to anyone asasiled and when in doubt they will always vote no.
 Never during the ten years that the
 
 the speaker, have the people availed themselves of it against a judge "al- though there Is one case pending there now which undoubtedly will be decided wisely by the people,
 The reactionary tory's argument that the people are turbulent, wild and vision ary, unduy passionate, comprising an ir- responsible mob not fit for power, was held by the speaker to come with poor grace from those who hold their honors, eighties and salaries from these same people,
 People Are Intelligent
 Stress was laid upon the popular senti ment that senators should be chosen by direct vote of the people. The senator held that if the people have intelligence enough to elect snators and members of the House they would net be lacking in that quality if 1t should come to the election or recall of a judge.
 If the power of recall exists Sena- tor Owen said, the conduct. of judges will be so exemplary. so satisfactory to the people of the United States. that no recall of any federal judge will ever be necessary.
 The moment the recall went into effect the courts would promptly dis continue their unauthorized unconsti- tutional and grossly improper conduct of declaring an act of Congress uncon- stitutional. The federal courts would TO longer, because of their views of public policy, amend acts of Congress by inserting words in important statutes which Congress had refused to insert, as the supreme court did in the Standard Oil case and in the tobacco trust case"
 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, dis abled, feeble. discrepit and worn out, should not be recalled, except by i'm peachment. The recall, he maintained, is a much milder system than impeach- ment and may remove a judge without disgrace.
 Criticising the courts, the speaker said that the fourteenth amendment in- tended to protect the negro, has been twisted from its purpose to protect the trusts and monopolies in imposing long hours of labor upon employees on the absurd theory that to deny the en- ploye the right to work long hours is a denial of his constitutional privi- leges." The speaker dwelt upon the declaration of the supreme court of the United States that the income tax law of some 16 years ago was unconstitu- tional. The decision in this case," said the senator, by the change of the vote of one judge-of one lawyer in this court, appointed at whose instance we do not know-has cost the poorer people of the United States $10O, ,OO0,- 900 year for over 16 years, $160O,- 100000 in all. and relieved those best able to bear the tax of like amount What better evidence could be afforded or the patience, forbearance and con. servatism of the people than that they nave so long borne patiently with such decision?"