Newark post., 1911-06-14


c!u.es for examples q the democratic
tzsiE-=- tEe CLitez States itself, t4to-s
--e present CoEs-itE-soE, wI-n Irs slab-
o-s-= eEecEs zzd aalzEess, Affords .Le
sptesc example @. bEglte-Ing .reapzet-y.
Tc+s government Ezs prevaiged and sue
seec=E bscz1s4 il has sToide6 t6e pzr5Is
G1.c1 H.gzt Inevitably coE1e tro- TOO
EZEea dezoeraey- - repzbllc," sad
Madison, TT ~hieh ! mean Z govern
Ll@1t Il which TIE scheme Of repreEeE-
tz-4cz -&ses place offered TIE cure to-
E1e evils insepzrabIe tron 1ep-teious
E-i@- A. for TIE direct rule q Z demo
crazy. IL declared
4 common pSssicr o- Interest will II
al-nos- every case b felt by : majority
II -hs sacIe: { Communication and coz
cert ~tI result from the form Of goT-
eminent !-seIt; AID there is nothing 10
cLecE TIE Inducements to sacrifice TIE
weas@- party Or al unpopular iEc.v.c-
EzL"
+ government Immediately responsive
70 TIE wish Of the people and, tLez,
equally responsive 70 -Ee Lex- wish <
ss Unstable as water and presents -1e
same evils which were long !rsepz-apIe
from t14 Latin American Republics.
They had constitutions, bat we're ss .n-
patient of their restraints as Cur caZ
LEw school ct !nroTato-s and experiment
-ers- II stability is essential IN general
1t .s fundamentally imperative for e
Judiciary, and that stability Can come
o1.y through the courage and iLdepeLd-
sEce Of tne Judges. Alexander Hamilton
said.
Ef~-rEz frdEr1rT fF q
equally requisite 70 guard the Consti-
tuition and the rights Of individuals from
the effects Of those i'll hUrcrs which the
arts Of designing men Or the influence
q particular coI.uDcturss sometimes
disseminate among the pepoIe them
selves and which, though they speedily
give place 70 better information and
more deliberate reflection. have ten
dency TO occasion da1geroUs innovations
il the government and serious oppres-
sions Of the minor party in the com
munity."
The people Of arizona, Who have in
corporatsd Z provision for the recall Of
the Judges il their new Constitution,
want the decisions on aII questions 10
rs IL accord with their immediate wishes
and before they have the better infor-
nation and the time for deliberate re-
fection. The contention tnat the peo-
pie rule and that the Judges are s,s-
wants Of the people and therefore to be
dismissed a will, Mr. FINK disposes Of
| most eonyincingly:
When it is said that the people are
| supreme, that they employ the Judges
and stand toward them in the relation
| Of master TO Z servant. what is meant
| is the majority Of the people. Herein
| lies the error. The Judges are not the
servants and agents Of the majority.
| The Judges are servants Of both the ma
| .ority and the minority and must Of Le-
| cessity be Independent Of each.
| 1T is one Of the peculiar functions Of
| Judge il State governed by laws
and not BY men to protect the minority
or the individual. IS the case may be.
/ Though chosen by the majority or by
some person or persons 20 whom the
power Of selection has been delegated,
! they csase, upon induction into Office, to
become the mere servants at will Of
/ those BY whom they were selected; nay,
| they never weie their servants The
| right Of selection in no sense carries
| with 1t such right Of domination as was
I attempted by Charles /. Upon selection
| the judges become the servants OF the
| whole people, not OF the majority or
! class by whom they may have been
! chosen. They represent the minority,
| the weakest class in society; the mum
blest individual, just as much as the
| dominant political party, the laboring
| or moneyed classes, or the most potent
| members Of the community. During
| their term Of Office they are Justly an
| swerable to no one.
"A powerful minority may we'll trust
the selection OF the Judges to a maJor-
ity, but the domination OF this majority
after selection is quite another matter.
This is tyranny, and as Montesquieu
says. the end Of all things Such a
! practice, when taken advantage Of by
najorities, as it inevitably must be, can
be maintained only by arms, and this
power does not always lie in MAORI
ties"
The constitution, the laws, the repub-
iiacn form OF government, the indepen-
dent judiciary are all devices erected
| and maintained for the very purpose Of
| escaping the horrors of q pure demo-
cracy, from the injustices, the tyrannies
the follies, whims, caprices and ignor-
ance incident TO and inseparable from a
direct Judgment on multitude of diff
cul tquestions by people who have given
no attention to them or mayhap are
| swept hither and thither by factionaI or
partisan passion. The Judge was made
| independent because ii is expected OF
him, for the honor of his country, ana
for the protection of the individual, that
he shall be in a position to render an
unpopular decision and defy the world.
No honorable and gifted man should
take iudgeship If he knows that as a
result of a mass meeting led by dema-
| gogues he may be hailed from the bench.
And the leaders and seekers for popular
favor who are now trying to tear down
| the fabric Of this Government by ap~
pealing to ignorance are either shall
| low amateurs In government or desper.
ate demagogues, and, in either event,