The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1911-09-14
THE RECALL OF JUDGES.

There is one thing hat NJ fat-headed President is going to find X
tremcy difficult to veto, and hat is public opinion. BY the power which
h people nave conferred on him. hi is able % thwart heir will tenn
porarny. b"t IN tn ena they will have their a That the people do Tot
view expressed OF ever hand, nd o m Colorado, which is pre-
pairing to submit an amendment to the State Constitution. providing or
this very feature o abhorrent % u arstocratic executive. 1t W easy
to u veoo n Arizona, bt unless all signs fail. when the people of h
Whether or not yu believei in the recall being applied to Judges hinges
o your belief in regard to government in general. If you believe that
the people are wise enough to govern themselves that they should
csing control over judges. For whether it "a originally so INTENDED or
not, nothing is nor plainly apparent now than that the Judge Ia be-.
m 10 a mere executor of laws. but 4 maker of laws: that instead of
being a servant of the people he las become a MASTER But if o believe
a. does the President, Ii the people are 10 capable of sNtgovern-
men that government should be delegated to the better classes, the
wise lei whom God has ordained o ruem earth; and Ia h masses
are and mus eve main incapable of knowing what is best for them.
then yu DO not believe in the recall of Judges, for whe" the people once
get control of their public servants, then they are beginning to approach
seltgovcrnment. It is simply a CASEY whether o bfieva il 2'-aoa:aey
The people are beginning to realize the immense. autocratic power
which the judges have "s"rped: they have determined tina no man shall
exercise such power. and there are o Tafts. enough in the Nation to
permanently war their Will
And along with the RELAXATION that he Judges as econ an antocrot.
yer whom HI people nave little or n o control, has come tn realization
of the absolute idioey oft the idea that judges ar somehow superior to all
other classes Of men. 1t is easy o show that just tn contrary is true
only by numerous examples from n of III country to the other
Judges are lawyers. It is reasonable to suppose that TIL average
who is admitted to the Bar is as good Il no better than the average Ia
entering IN other profession. Then how des it happen ta when a
number Of years later h c is elected judge, he is found TO be immaculate.
free ron partially. greed. prejudice-absolutely uninhuenced by any
save The highest IN purcst motives? The answer is easy. 1t don't hap
Vel that way att Ill Just the contrary is tr"e The average man elected
judge is lesi impartial morei influenced by sordid greed, less fitted to *
ercise tn auocraic powers conferred on him than would De the average
man in ny Other profession and tn ease is very simple: The in
highest hnracte Tmev foster the aeveronment Of oupliciv dishonesty
AND Partially. The lawyer deals in technicalties d bubbles. He is
more Otter found trying to defeat than to serve the ends OF justice. Who
tn best lawyers who are elected o judgeships, but the most cunning
politicians To be elected a judge under our present system, h lawyer
must re suhservient to h political Boss" M the bssis n tool through
which pirtaical corporations control government. Therefore the judge
Is, in the majority of cases, the tool Oft the corporation.
You can fool all the people all tn tiIne'-at least not on II thing
You a NJ longer make hem believe that the judicial erninec ove a
superior sort of being. They have stripped away h veil of Illusion so
skilfuly WOW round til. judge. n see him as he really is just a com
mol. ordinary politician. as a rule a little lessh honest. a title less. m
partial. a little essh fitted to rule his fellow beings than tn ma in
IN other profession id 30 tys
For hi pas ysar or SO hi question Of The peoples control owe judges
has been of peculiar interest ito the citizens Of West Virginia. A few
years age they elected a Legislature ito carry out heir will ts max laws
sue as they desired. Contrary to customa n experience, this Legislature
did. in n instance at least. perform tho function for which it a Great
ID. 1t gave the peoplc CHe law whicht they demanded. 1t enacted a law
which relieved them in m small particular from TIL grasp of plumber
in ,hieving railroads. 1t passed a law restraining the railroads o West
Virginia from charging over W cents per mile for carrying passengers
In doing 50. it expressed the Will CT at least nineteenth of the people
of the State. That should have settled the matter. The people had made
NOV their will to their representatives n their prese ntatives had
enacted hatw will into law. But tho railroads had different ideas about the
matter. The knew there was power above II eye the people. not
subjects to their will. out OF reach Of their displeasure. II could set asiEe
any LAY which they had or might make. They appealed Ito that power
n not in vain Seldom are such appeals n vain n so ne mar NJ
enabled to set aside the will of thu people of West Virginia.
"A people are not free, whe n laws which they a make an be
set aside by judges whom they neither elect MOI a remove"
If the REGAL we're in force in West virginia--but what's the use to
pecuEate?
TNTI TITO or THE, EAD NCDc