The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-11

dence this defendant is guilty. But
according to the public sentiment of
punished, and therefore dismiss the
case
We smile at a story like that when
the judge on the bench is a country
justice and the offense alleged is a
trivial misdemeanor. But would it be
laughing matter If state judge or
perhaps even a United States Judge,
confronted by case involving mo-
mentous issues, should be guided in his
decision not by the law and the evil
dence, but by the sentiment of the
community? In all the literature of
the age-long struggle for freedom and
justice there Is no phrase that occurs
oftener than 1.-The independence of the
Judiciary" The great fact which this
phrase expresses is the foundation
upon which rests the citadel of indi-
vtdual rights and of national liberty.
In every battle that has ever been
waged by the people against oppres-
sion and tyranny the one achievem ent
which attested the final triumph was
the establishment of a court that no
despot could reach or control The
founders of the republic realized more
keenly than we do-for to them the
tyranny of king-controlled courts was
modern and not ancient history as it
Is to us-the absolutely vital impor-
lance Of the separation of king and
courts. and SO they safeguarded it, as
they thought for all time, by declar-
ing in the organic law of the land that
the judiciary should be forever indie
pendent of the legislative and the ex-
ecutive. And all the world said that
is we'll
Not one man could be found now
among all our ninety millions to de-
nj re hof
changed SO as to permit the president
in the White House or the congress
in the capitol to dictate to our judges
what their decisions should be- And
yet 1t is seriously proposed that this
power of dictation shall be given to
the recall means if applied to the jul
dietary; and it means the destruction
of its independence as completely as
If in set terms it were made subject
to the president or the congress-
Do you answer, "Oh, the recall will
never be invoked except in an extreme
case OF obvious and fragrant injus-
tice"? 1 reply, How do you know ?
1t is the theory of the initiative that
it will never be invoked except to pass
a good law, and of the referendum that
it will never be resorted to except to
defeat q bad law; but we have already
seen how easily a bad law might be
initiated and a good law referred. And
so it is the theory that the recall will
be invoked only for the protection of
the people from a bad judge. What
guaranty can you give that it will not
be called into being to harass and in
timidate a good Judge? There never
yet was two-edged sword that would
not cut both WAYS.
For Representative Government.
Let it not be said or imagined. Mr.
hot hx1 r s.-r%
converting this republic into de-
mocracy, therefore I lack confidence in
the people. No man has greater faith,
sir, than have in the intelligence, the
integrity, the patriotism and the fun
damental common sense of the aver
age American citizen. But I am for
representative rather than for direct
government, because I have greater
confidence in the second thought of the
people than I have in their first
thought. And that, in the last analy-
sis, is the difference, and the only diff
ference. so far as results are concerned
between the new system and that
which it seeks to supplant: it is the
Fundamental difference between a de-
mocracy and republic. In either
form of government the people have
their way. The difference is that in
a democracy the people have their
way in the beginning, whereas IN a re-
public the people have their way in
the end-and the end is usually
enough wiser than the beginning to
be worth waiting for.
Violent Opinions on Impulse.
We count ourselves the fittest peo-
pie in the world for self-government
and we probably are. We som etimes
form the most violent and erroneous
opinions upon impulse. without full
information or thoughtful conSidera-
ton. With complete information and
longer study, we swing around to the
right side, but it is our second thought
and not our first that brings us
there.
Our intentions are always right
and we usually get right in the end
right in the beginning 1t often hap
pens that if we could have had our
way yesterday We would have suffered
grievously today If we could have
had our way in the seventies there
would have been an unlimited issue of
one of us W ould vote for such an issue
today. If we could have had our way
in the ninetieS. our country would have
gone to incalculable disaster by way
of the free and unlimited coinage OF
silver at the ratio of sixteen to one.
The reason we did not have our way
then. and at many other times when
the result would have been little less
disastrous. was that certain strong
and honest men, wiser than we who
chose them. with courage enough to
take their political lives in their hands,
stood in our way. And they were able
to stand in our way because the found
ers of the nation, knowing well the
danger in a republic of hasty and ILL
considered action, introduced into our
governmental machinery certain
checks and brakes and balance wheels
in order that we might take time to
think. It behooves US to consider
long and well before we pluck out of
the delicately justified mechanism by
which we govern ourselves the checks
ana brakes and balance wheels which
our forefathers placed there, and the
wisdom of which our history attests