The Greeley tribune., 1911-09-14
ENI COLORADO EDITORIAL ASSOCIATION
THE RECALL

condemnation OF the pf1nclpie Oi IAAs
recall from Office as already adopted
By several states in their cOnstitu
tions and undoubtedly to be more
extensively adopted by others In the
near future. 1t is not strange thai
the idea is repulsive to odicialdon
and to the bosses and SO called lead
ers OF the two political parties: bu'
1t is a little strange to an ordinary
mind why any representative Oi the
people, who processes to believe LII
a representative form OF govern
ment, can conce<le not only the right
Of q constituency to elect to Office
but the capacity also for the exer-
else of the franchise, should suckie
as to this right of recalling the
elected official whenever clear ma
jority of the voters SO elevating him
to office become convinced that he
has proved himself unfit for its re-
sponsibilities.
The cohorts of opposing opinion
seeing the recent convincing march
@. events have apparently taken "a
supposedly impregnable position in
what may only prove IA last ditch.
and are concentrating Their united
efforts against the recall of the lu-
dietary; and these influences, and
the fact also that President Taft was
formerly himself on the bench un-
doubtedly led him to veto the Ari-
zOna bill for admission solely on the
ground that the proposed constitu-
ton for that new st:te provided for
the recall of the judges. As estab-
ished usage and settled converva-
tive opinion go. the presidents veto
message was an able paper ana
fairly logical in its conclusions. The
independence of the judiciary, and
the segregation of the judges apart
from the influence of the opinions of
the common people being the
requisites for fair impartial JudS-
ment from the bench. But we may
well ask where is the judge that is
not human. and who is not inilu-
enced more or less in his judgments
by the smaller or greater circles of
he environment in which ne is
placed. / think ! may be permitted
to remark that the more the com
mon man is brought into contact
with courts and judges and juries
the less confidence he has in the SUI
periOr integrity, understanding and
impartiality of the judges. The jury
may be set of incOmpetents, and
the judge may he all that he should
he in theory. but nevertheless we
have to bank on the jury because
experience has shown that we can't
implicitly trust the judges.
And now it happens singularly
enough, as il to illustrate at this
opportune moment the frailities Of
that venerated and well nigh wor-
shipped edifice, our judiciary sys-
TEN. that there have recently came
to light some revelations concerning
one of the most famous decisions
that has ever been handed down
from any court in the world. and
certainty fraught with more far
reaching anG disastrous consequent
ces than any ever before. or since
rendered " any American bench.
There has recently been published
by Prof. j. B. Moore 1.-THE Works of
James Buchanan" and in it are
shown for the first time the follow
ing fact concerning the famous
Dred Scott decision of Ou- United
States supreme court, which is
known and recognized by all well
informe men of that period still
living. to have been one of the
precipitating cause of our Civil war,
resulting in the sacrifice of nearly
six hundred thousand lives.
We are informed in this work
tlat it had been previously decided
by a majority Of the court that
Justice Nelson. a northern democrat,
was to have handed down the de-
cision in the case and had already
written it on narrow lines as to the
status Of the negro without tauch-
ing on the constitutionality of the
Missouri compromise law; but
that later powerful influences
were brought to bear or
the court to decide the con.
stitutional question. BY the middle
Of February. therefore, seven jus.
tices had resolved to depart from
the determination reached in De-
cember to have Nelson write the de.
cisiOn; they now determined on g
broad sweeping decision to be writ
ten by Justice Taney. And this is
how Justice Grier, who had favored
the original lines OF the decision
was induced to change his attitude
and adopt the southern view. Or
February 10. 1857, Justice CatrOn
one Of the five southern justices
wrote President Buchanan advisine
him of the state of the case, and OF
nrier's opposing attitude, and made
Of the president the following singu
lar request, "Win you drop Grier {
letter saying how necessary it i,
and how great the opportunity t.
settle the agitation MANY Of IL!
still living remember only too wei
the tremendous agitation existin,
through the country over the fam
Ous case.) by an affirmative de
cision" President Buchanan di,
what Justice CatrOn asked, and tw,
days Afterwards Justice Grier wrot.
to Buchanan in reply: "Your lette
came to hand this morning and
have taken the liberty Of shown,
1t to the chief justice. I agreed t.
concur with him. There will there
fore be six II not seven, (perhap
Nelson may remain neutraD VIII
WIN decide the compromise law o
1920 to be Of NO effect. But tn