The Detroit times., 1911-05-03
RECALL IS BLOW To
LAST DUlWARK OF
PRIV|LEGE
Il u Important Link in Reform Pro-
gram by Which California Was
Rebuilt Politically in Eighty
Five Days
Determined Opposition Springs Up
Against Application of Recall 10
The Judiciary.
Nv HIRAM w. JOHNSON.

BY HIRAM w. JOHNSON.
SACRAMENTO, May 3.-The last
bulwark of privilege has ever been
the courts. ,.-.
The last stand OF corporate rapacity
has ever been our judicial tribunals,
do not mean to convey that al
tudges or even the larger proportion
OF Judges are responsive to corporate
mower or influence, but just as some
Judges and some courts have always
been the refuge to which corpora
lions In their unjust aggression nave
fed for the undoing Of the people.
iust so did we find, when the recall
was preached in the legislature OF the
state OF California, the courts main
tanning the same position-the last
stand OF discredited and defeated spe-
cial interests.
Both Parties Pledged.
Both OF the political parties OF Cal
Norma, In the last campaign, without
qualification, had declared for the re
call" No man entered the legislature,
without at least having taken the tacit
pledge that he believed in the recall
IN its application generally. And YET
when Il came to the presentation OF
the amendment to the constitution
which would enable us to put In prac-
tice that which all parties had preach
ed. the, most determined opposltion
sprung up to the recall In It's applc-
ability to the judiciary.
The courts themselves In many IN
stances interposed their objections. II
occurred that some lawyers were
frightened into active and open oppo-
sition: others, with the peculiar tradi-
lions Of their profession, honestly be-
lieving themselves and judges TO De
made OF different clay than their Tel
lows. fought stubbornly the measure.
Bar associations throughout the state
were importuned to pass resolutions
against the recall Of the judiciary ana
IN many counties these resolutions
were passed and Immediately trans
mitted to the representatives OF the
particular localities.
Weak Men Frightened.
Weak legislators were frightened
with the idea that the courts were be-
ing invaded and that good men could
not be obtained as candidates Tor
Judges, II the recall ever threatened
them, and every speciCus plea that
entrenched power could make was
submitted to the feeislatare In the en-
deavor at last to break the plan which
had up TO the time that the recall was
presented. been SO successfully car
ried out. q ...A-@------..--- 49,. ss..-a -,
Perhaps the fercest struggle and
the most stubbornly. contested one,
during the entire legislative session.
was upon the making OF the reeaH ap-
plicabie to the judiciary AT first, the
opponents OF the measure were OPP
posed In its entirety to the recall.
Then they receded and asked that the
amendment be divided 50 that one
section could be made TO apply TO other
oficials and other section to the judi
ciary. The design OF this request,
made after IL was obvious that the
amendment TO the constitution would
carry. was so to cucumber II and so
TO divide and distract attention con-
corning Il. that the opponents OF d.
rect legislation and the recall gener-
ally could center upon the last de-
tense OF the opponents OF popular
government, the recall OF the judi
ciary.
People Able 10 Judge.
Those In charge OF the measure de-
cIined to divide the amendment. but
presented Il as a whole and they did
II upon the theory that because law
yer was elected a Judge, he was none
the less a man, and that IL the people
had the ability and the discrimination
and intelligence TO elect judges, In
the first instance, they had the power
TO reject them ultimately and that II
they had the right and intelligence to
refuse reelection to recalcitrant or
Incompetent Judge. the same right
and intelligence they had to recall
that recalcitrant or incompetent Judge.
II was argued by the proponents Of
the amendment that no weak Judge
. would be made weaker by the recall:
no strong Judge would he affected at
IN. and the recall would be q menace
imply TO the corrupt judge.
LosEs sEMEsTER's CREDIT.
ANN ARBOR, Mich, May 3. - A
nony n good thing-at times. F.
Xxerett Rupert of Geneva, n. Y.