The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-08-18

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the admiration and commendation
of the world. II gives to our judi
ciary position. higher, stronger and
more responsible than that of the
judiciary Of any other country, and
more effectively secures adherence
to the fundamental will Of the
people" 3N
Speaking or mis- course or argu-
ment against the recall once more
the president asks, could there be
system more ingeniously devised
to subject judges to momentary
guests of popular passion than this?
No period Of delay is interposed for
the abatement OF popular feeling.
The recall Is devised to encourage
quick action.rand to lead the people
to strike while the iron is hot"
On the instant OF an unpopular
ruling. the president explains, while
the spirit of protest has not had time
TO cool, the judge Is to be "hailed
before the electorate as tribunal,
WIN Nv Iuuitldi HcdiihSf tfiuthtt VI
defense. and thrown out OF Office
and disgraced for life. because he
failed in single decision. II may be.
to satisfy the popular demand.
Think of the opportunity such
system would give 70 INSCRIPTIONS
political bosses in control, as. they
have been In control, not only OF
conventions but elections. Think of
the enormous power that would be
given to the sensational. undertaking
portion OF the press in rousing pref
ndice against just judge by false
charges and insinuations.. the effect
OF which in the short period OF an
election by recall. IL would be I'M
possible for him 70 meet and Offset. =
With the argument that the recall
would work to the advantage of the
poor and oppressed, the president
mas no patience.
Nothing" he says, could be fur
Their from the ultimate result. The
motive II would offer to INSCRIPTIONS
combinations 10 seek TO control poll
ties in order 10 control the judges is
clear. Would not self-respccting men
well hesitate 10 accept judicial Office
with such sword OF Damocles hang
ing over them? What kind OF judy
ments might those on the unpopular
side expect from courts whose judges
must make their decisions under
such legalized terrorismg
The character OF the judges
would deteriorate TO that OF trim
mers and time servers, and indepen-
dent judicial action would be a thing
OF the past. As the possibilities Of
such a system pass in review. is II
too much TO characterize Il as one
which win destroy the Judiciary. its
standing and rs usefulness?"
Passing to the argument that the
recall Is only carrying out the prin-
ciple OF election Of judges. the prcsi-
dent declares that the success OF an
elective judiciary. furnishes no rea-
500 for 80 changing the system as
take away the very safeguards which
have made II successful
Answering another argument
that In some states judges have
shown under corrupt corporate infu-
ence and that nothing but desper-
ate remedy will sufiice-the presi-
dent contends that II political con-
troll In such states has been wrested
sufficiently from corporate control to
propose such measure as the recall.
an effective remedy could be found
in Impeachment. Real reforms. g
he says. are not 20 be effected by
patent short cuts or by abollshlng
those requirements which the ex-
iperienee Of ages has shown to be es-
sential IN dealing justly with every
one. Such innovations are certain
In the long run to plague the In
yentor or FIRST user and will come
readily to the hand OF the enemies
and corrnpters Of society after the
passing Of the Just popular indigna-
ton that prompted their adoption. /"
Speaking af the contention that
judicial recall would bring the
/ judges closer 10 the people and more
ID sympathy with the popular will
and progress the president says that
in the long run their Judgments
must Be coipred BY public opinion,
no matter how safeguarded and sur.
rounded they may be. In treating
" courts. says he. I'VE are dealing
with 5 human machine. liable like
all the inventions Of man, 20 err. but
We are dealing with human insti.
tuition that llkens itself 10 a divine
institution because Il seeks and pre-
serves justice. II has been the cor.
nerstone Of our gloriously free gov
eminent.
1T Is said The recall will be rarel,
used. II 20. Il Will be rarely needed
Then why adopt a system 50 full ol
DANGER"
In his closing message. the presi
dent declared that while he was cog
infant ~ the fact that Arizona ono.
In the union. may incorporate the re-
call IN her constitution, he could no
allow the Opportunity 10 pass 10 reg
lister bis disapprofai ~ that pro
vision. s1t ID necessary" says he
FOR the authority which IL primarily
responsible for its creation 70 asser
In no donbtfuI tones. the necessity
for an independent and untrammeles
Judiciary"
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