Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-07-31
okLAHoMAN POINTS TO RECORD
or usuRPATloN OF POWER sv
HIGH TRIBUNAL.
ARouES FoR RECALL LAWS
"A APPLIED TO JUDICIARY
Senator Believes Law Would Reform
Federal Judieiary-Points to Income
Tax and Standard Oil Decisions NJ
Demanding Enactment Of Proposed
statuts.

Washington, July 31.-severe criti-
cism Of the supreme court OF the Unit
ed States marked the speech Of Sena-
tor Owen. Of Oklahoma, who advocat-
ed before the senate today the adop-
ton of his bill providing for the elec-
ton and recall Of federal judges. This
bin provides that any justice OF the
supreme court or any Judge OF any
other United States court shall be sub
ject to recall by . resolution OF con-
srees, that all district and circuit
Judges of the United States shall he
elected by the voters Of the district or
circuit and that their tenure OF Office
be four years.
Has Faith In People.
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 OK
recall as would the national legisla-
ture or the state legislature. senator
Owen said that the electorate or the
American states Is abundantly conser-
vative and moves more slowly than ITS
progressive legislators would move
The people, he maintained, have oeen
trained to give the benent o! inc
doubt to any one assailed. anu "hen III
doubt they will always vote no.
Never during the ten years that the
r,1ht of recall has been enforced in
Oreeon. have the people assailed a
iudee. altho "there IL one case pend
ing there now which no doubt will be
decided wisely by the people.
psople Not Visionary.
~. reacfionary argument that the
,eon,e are turbulent, wild and vision
ary. unduly passionate. comprising an
irresponsible mob not At for power.
was held by the speaker to come with
moor srace from those who hold their
honors. dignities and salaries from
these same people
stress was laid upon the popular
sentiment that senators should be
chosen by direvt vote Of the people
The senator held that II the people have
intelligence enough to elect senators
and members Of the house they would
not be lacking in that quality II 1T
should come to the election or recall OF
q judge.
Law Would Reform judiciary.
"If the power Of recall exists" SEN
ator Owen said, ''the conduct OF the
Judges will be so satisfactory to the
people Of the United state~that no re-
call OF any federal Judge would ever be
necessary. The moment the recall went
into effect the courts would promptly
discontinue their unauthorized, uncon-
stitutional and grossly improper con-
duct of declaring an act Of congress un-
constitutional The federal courts
would no longer because OF their views
of the public policy amend acts OF con-
gress 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 to-
bacco trust cases"
Justified BY Reason.
The recall, the senator argued, is
justified by reason and common sense
He could not see why anyone should
insist that a Judge infirm. disabled
feeble, and worn out should not be
recalled except by impeachment. The
recall, he maintained, Is a much milder
system than impeachment and may
remove a Judge without disgrace. Crit
icisinE the court, the speaker said that
the fourteenth amendment has been
twisted from its purpose to protect the
trust and monopolies In imposing long
hours of labor upon employees on the
absurd theory that to deny the en-
tloyes Of the right to work long hours
IL a denial Of his constitutional
privileges"
Recalls Income Decision.
He dwelt upon the declaration Of the
supreme court Of the United States
that the income tax Of some sixteen
years ago was unconstitutional.
''The decision In this case" said
the senator. "by the change Of the vote
80 onA 1nd1o M nYe LAWYER in this
court, appointed at whose instance we
do not know, has cost the poorer peo-
pie OF the United States $10o.000.000 a
wear for over sixteen years, $1,600,000,-
600 in all, and relieves those best able
to bear the tax Of q like amount. What
better evidence could be afforded to
the patient forebearance and conserva-
t:sm of the people that they have SO
long borne patiently with such de-
cision?'