Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1911-12-06
WEDNESDAY, DEC. s, 1911.
THE JUDICIAL RECALL AN IN
PREFERENCE WITH UNIFORM
LAW ENFORCEMENT.

3t5 LAW ENfOhCEMENl.
The Telegraph-H erald's answer to
our last article in opposition to the
Judicial recalls contains a number Of
points most Of which are based up
on differences of opinion, and a
lengthy reply to those OF that nature
would not be profitable to anyone.
We have reason to believe that
Editor Murphy is open to conviction
and that he will not favor anything
unless he believes that its adoption
win bring about the greatest happi-
ness to the greatest number
His recent article suggests one
point which we desire to empha-
size, and that is the interference
with uniform law enforcement likely
to result from the change which he
advocates Before proceeding, how.
ever, to the consideration OF that
point few words about our differ.
Z ences Of opinion may explain why
we consider a discussion of those diff
\ ferences OF little profit.
Mr.. Murphy says:
Our quarrel in this Is not with
the constitution, that is good; it is
with the Interpretation put upon the
4 constitution, it's employment by the
judiciary to defeat humanitarian re-
forms, to give to privilege the dig.
nifty of right, and to unduly exalt
property
We infer from this that Mr.. Mur.
ply is of the opinion that major.
ity OF the decisions OF our courts, in
reference to constitutional linn tia.
tons, are not productive of the
greatest Happiness to the greatest
number; while in the opinion Of the
writer the contrary is true, and
u a. . . 4. #
this is not at all surprising, for in
all ages, amongst every people, we
find different opinions respecting the
things likely to produce the greatest
happiness The standard Of happi-
ness is infinitely variable. The air
castles OF different men are Of wide
ly different styles OF architecture.
In our last article on this subject
we called attention to the wrongs at
times committed by majorities, and
scited, among other instances, the
tact that majority Of the people in
ten states Of this union at one time
enslaved an entire race on account
OF its color. And this Is Mr.. Muir.
phys answer:
Was not this majority a minority
In the nation? 1t was. And what
did this minority-the, slaveocracy-l
contend? That flesh and blood-ha,-
man beings-were chattle property
And where did it find support for it's
contention? Let the major now be
hoist on his own petard-it found
this support in the Supreme Court
of the United States in the infa-
nous bred Scott decision"
Everyone knows that human slav-
cry found it's support in the consti-
tuition OF the United States, until the
adoption OF the fourteenth amend
ment, as well as in the bred Scott
decision. But that is not material
to the point now under considera-
ton.
We want our friend Murphy to &c
back with us to that crisis in our
history, and sincerely admit what
would probably have happened had
our federal constitution at that timei
provided for the recall of judges. Is
it not probable that the people of
nearly every district north of Masoy
and Dixons line would have petition
ed for the recall of every federal
Judge, who recognized the binding ,
force of the decision in the bred Scot
case? And is it not reasonably Ger c
ain that every judge south of Ma /
'on and Dixon's line would have fol- t
owed the holding of the court in q
hat case? And would not such t
condition as that be destructive of
inform law enforcement? And is
lot similar condition likely to ),
rise, should the law provide for a
JUDICIAL recall, every time our high R
st court is called upon to decide Il
ONE political question of far reach =
ng importance to a large section of :,
ur country, or to a large class of n
ur citizens? ;:
To more cogently present the point q
'e are making, let us suppose -
ase which we can bring closer home. \,
ct us suppose that the people OF N
owa, after suffering great inconven- cl
ence and losses on account of street Ok
ar and railroad strikes, should en-
ct statute making it unlawful for ~
ny one in the employ Of a common r
arrier to belong to any labor union in
r secret society Of any kind which 4
ad any relation to the business in :.
hich they were engaged. OF course -