Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1911-08-03

SoNAAAAANNo~N~se
ing within Of the moment, against which
the ultimate best good Of society may
demand the assertion Of sturdy oppo-
sition. Such a provision, firmly be-
lieve, ID more likely to result In the
recall Of good officials than OF bad
ones, because the time-serving, unscru-
pulous politician viii be swift to con-
form, his action to every shifting opin-
ion Of his constituents, while the oftl-
cial of honesty and integrity and cour'
age, who prefers his duty to his ONCE,
will stand by what he believes to be
right and sound and wise, even though
for the time being he may stand alone.
II has happened very often that the
governor Of a state or the mayor OF q
city has incurred the violent opposi-
ton of temporary majority by the an
nouncement Of policy which, When
put into operation, has been found to
work to the advantage and upbuilding
Of the community. With the recall In
existence, such an oficer would have
been swept out Of office in response to
q spasmodic impulse. afterwards found
to be wholly unwarranted. 1t ID iar
better in the long run that our public
officials be permitted to serve out the
short terms for which they are elected.
unless they so conduct themselves as
TO become amenable to removal BY i'm.
parchment or by punishment under
specific provisions Of law.
JUDGES AND CONSTITUENTS.
While | thoroughly disapprove OF
the initiative and the modern refer.
endum and the recall as applied to ex-
ecutive and legislative officers, could
well subordinate my judgment to tnat
OF the people Of Arizona II they had
not gone further and provided that the
recall should embrace the judiciary as
well. The power to recall a Judge who
renders an unpopular judgment ID to
nv mind SO utterly subversive OF the
principles Of good government that
can never get my own consent to with
hold nv condemnation and disapprov'
al Of It
The senator from Oregon--not the
father Of the composite citizen" but
the junior senator, Mr.. Chamberlain
in his speech Of April II last, asks:
1ut al an abstract proposition, why
should judicial officer be Independent
Of the wishes Of his constituentsT
oh. Mr.. President, much Of the vice
and fallacy of the argument for the
right to recall judges rests in this
assumption that the Judge, like a con-
gresham or legislator, represents q
constituency. What is constituents
He IL a person for whom another acts.
constituent implies as a necessary
corollary. a representative who speaks
for him. A Judge has no constituents;
he IL only in a restricted sense rep
resentative officer at all. The people
who elect him can with propriety
make known their wishes only through
the laws which they enact The Judge
Is the mouthpiece of the law. His
Constituents are the statutes duly
made and provided. II his decisions
are wrong. the remedy is to appeal to
a higher court-pot to the people. The
scales Of justice must hang level or
there il an end Of justice. The re-
call nuts into the scale, upon one side
or the other, IN every case where
strong public feeling exists. the arti-
uCiAlIy l0uuCtu HuAACty VI eho JuobS
for the retention Of bis place. Bound
bv ali the sacred traditions Of his Of
Ace 10 decide impartially between the
narties according to the law and the
evidence, be begins the discharge OF
HE high duties with a personal Inter
eat in his own decision
The Judge represents no constitu-
ents. speaks for no policy save the pol
Iev Of the law. n he be not utterly
foreevorn, he must At all hazards put
me rights Of a single Individual above
The wishes Of all the people. He has
no master but the compelling force Of
hia own conscience. Every circum-
rtanee which dimlnishes his independ-
ence and his courage, which closes his
aars 10 the righteouaness Of the causes
and opens them to the voice OF clamor.
makes for injustice.
II charged With incompstency. dis
honesty or corruption. common fair
go demands that be should be tried
u the open before an impartial tribu-
nal. where be nay be board. not with
4 limitation Of 800 words upon bic d.
l.nse. but b fuIl. ana where he may
lece 10 uccus1rl and test the ruth
Al their accu1ailono By those orderly
mrihe1a ol proe1lure uhich the ezpe
d16c1 n centuries hes i1uQrrt1NI1t
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