The Birmingham age-herald., 1911-05-14
MR. TAFT ATTACKS
 JUDICIARY RECALL
Compares U. s. Judicial System With England's
MANY LIMITATIONS
President Says Unfounded Fears of Judicial Tyranny Has Caused Undue Restriction Upon the
 Powers of Judiciary

New York, May 13.-President Taft came out publicly tonight in a most pro nounced fashion against the recall of the judiciary. In his speech at the Hotel Astor before the conference on reform of the criminal law and procedure. the President made his attitude plain. Most of the speech had been devoted to a comparison, highly unfavorable to this country, of the judicial systems of Great Britain and the United States. He la England but more particularly in this country to put limitations on the power of the judge.
 And now" he said. with the posi- ton of the judge reduced to one some thing like that of the moderator in a religious assembly or the presiding off cer of a political convention, the judge is to be made still more the character of a defendant by a provision of law, under which, if his rulings and conduct in court do not suit small percentage of the electors of 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 200 words and his defense thereto to be equal ly brief.
 "It hardly can be said that this change If adopted will give him greater au- thority or power of usefulness or con-, stitute reform in the enforcement of the criminal law of this country. It eer- tainly will not diminish the power or IT, responsibility of counsel for the defend ant Let us hope that the strong sense of humor of the American people which has so often saved them from the dan gers of demagoguery, will not go lack ing in respect of this 'nostrum.'
 Startling Statistics
 'The statistics which show the crimes that go unpunished In this country as compared with those in England said MT Taft "are startling and humiliating to any son of America. A study of the English system will show that It's proce- dure and guarantees in favor or the in dividual as to indictment, trial and con viction and provision for the security of the liberty of the individual are ex | tactly the same as ours.
 "Wherein is the great difference ther between the effectiveness of the two sys tens? I believe 1t to exist in the char. aeter, experience and learning of the Judges, Tn the power WfiltH they IIfdif- tain and exercise in their course of trial for the saving of time and the simplif1- cation of the isA es and in the respect and obedience gi5 n their intimations from the bench asNo the proper behavior of counsel in the conduct of the case. If there is any other reason for the diff ference it cannot be found in procedure.
 ''It must be found in lighter regard for law and it's enforcement on the part of our people.
 "A consequent less rigorous public opinion in favor of the punishment of crime. which relieved prosecuting off cers and grand juries from the highest standard in this regard and which finds its way into and exerts It's influence in the jury panel during the trial and in the jury room during the consider ation of the verdict, also IS respoh- sible.
 q wish to comment on the effect that the change ', the power of the judge in this counN In the matter of the management otS- the trial has had upon his ability to shorten the methods of counsel for the defense and their conduct in the court room.
 An Unfounded Fear
 "what believe to be an unfounded fear of judicial tyranny and an unrea- sonable distrust of judges has led to statutory limitations upon their power In the conduct of criminal trials which have made the trial by jury in this country and especially in the western states an entirely different institution from which it was understood to be at the time of the adoption of our con- stitution.
 "In many states judges are not per mitted to comment upon the facts at all. They are not even allowed to charge the jury after the arguments Of coun- sell but they are required to submit written charges to the jury upon ab- struse questions of law with no oppor- tunity to apply the principles concrete ly to the facts of the case
 "Tbe restraint that the judge in the course of a trial imposes upon tho manner and conduct of counsel Tn, an Enrlish court is thus wholly wanting. with the result that there seems to have been a substantial change in the code of professional ethics governing counsel and in the extremes to which counsel in the defense of their clients seem to think 1t Is proper for them to go. Their conduct makes neither for the dignity of the court, for the ele- yation of the ethics of the bar, for the expedition of criminal procedure nor for the reasonable punishment of crime"
 The President spent the night at the home of his brother, Henry W. Taft. Tomorrow he will go to Harrisburg. Pa. to address the tenth biennial conven- 'tion of the Brotherhood of Railroad rTrainmen. tf