The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-05-14
PRESIDENT MAKES ATTITUDE
PLAIN ON REFORM or
CRIMINAL PROCEDURE.
SHOULD NOT LIMIT POWER
u Can Hardly Be Said That by Sub
m'stins the Question to the Voters
the Power Of q Judge Will Be In
creased for Geod-Ameriesn Law
Has Many Very Weak Points.

New York. May 1a.-Presldent TAFT
came out publicly tonight against the
recall of tho judiciary. In his speech
before the conference on reform OF the
the criminal law and procedure, tho
president made his attitude plain.
Most OF his speech was devoted to
"a comparison. highly unfavorable to
this country. OF the judicial systems
OF Great Britain and the United States.
He lamented the tendency manifested.
even In England. but more particu-
larly In this country. to put limitations
on the power OF the Judge.
And now" he said, mot content
with reducing the position of the
Judge to one something like that of
the moderator In a religious assembly
or the presiding officer of a polltic-
al convention, the Judge is to be made
SUN less important and to be put
stiil more on trial and to assume still
more the character of defendant by
provision OF law under which, IL
his rulings and conduct in court don't
suit a SNAIL plurality OF the electors
OK his district. he may be compelled to
submit the question of his continuance
on the bench during the term for
which he was elected to an election
for recall. in which the reason for
his recall Is TO be included In two
hundred words. and his defense there
to TO be equally brief
1t can hardly be said that this pro-
posed change. II adopted, will give
MIN greater authority or power for
usefulness or constitute a reform In
the enforcement OF the criminal law
OF this country. It will certainly not
diminish the power or irresponsibliity
OF counsel for the defendant Let
us hope that the strong sense of hu-
NOR of the American people. which
has so often kept them from the dan
gers OF the demagoguery will not be
lacking in respect of this 'nostrum.'
THE statistics which show the
crimes which go unpublished in this
country as compared with those in
England. are startling and humillat-
Ing to any American who has pride
In his fellow countrymen as law
abiding and law-enforcing people. A
study Of the English system will show
that the procedure and their guaran-
tees In favor OF the individual as to
indictment, trial and conviction, and
their provision for security OF the
liberty Of the individuals are exactly
the same as ours, for we derive ours
from them.
Wherein Is the great difference. be-
tween the effectiveness of the two
systems? l believe 1t to exist In the
character, experience and learning of
the Judges, In the power which they
maintain and exercise in the course
OF the trial for the savings OF time
and simplification of the issues and
In the respect and obeyance given TO
their intlmations from the bench as
to the proper behavior of counsel In
the conduct OF the case.
II wish to comment on the effect
that the change in the power OF the
judge In this country In the matter
of the management OF the trial has
had on his ability to shorten the
methods OF counsel for the defense
and their conduct In the courtroom.
what I believe to be an unfounded
fear of judicial tyranny and an un-
reasonable distrust of judges have led
to statutory limitations upon their
power In the conduct of criminal trials
which have made the trial by jury in