Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-09-15

as an expression Of sentiment. Il the
Judge referred to had local jurisdiction
only, his opinion would not be final
ity. Public opinion would gravitats
towards one OF the other OF the op
posing views, influenced more or less
by personal considerations. II the
Judge represented a large district, or
the entire state. 1t would be difficult,
unless in a case of extreme injustice,
to arouse sufhc Gent public sentiment
over q purely local question 10 secure
a recall, and the broader the field of
action the less danger OF hasty or un-
wise results. Public meetings and ex-
travagant appeals TO prejudice or self
interest in behalf Of political prtn-
ciples or candidates ere not exactly SO
new as to excite a presumption against
popular selections. Reading between
the lines it looks as if the opponents
of the recall are hard up for ammuni-
ton.
The discussion appears to center on
the recall Of judges. Minor officers
may be subjected to this dicipline, but
there is a sacredness about judge. In
England it was once held that a king
could do no wrong, and the doctrine
cost Charles Stuart his head. In our
innocence we had supposed that doc
trine was settled on this side OF the
ocean one October day $50 years ago,
but somehow il once in while comes
back" but it always wears a mask.
The theory Of our government is al
so invoked. q three-pronged sceptre, CO.
ordinate yet independents beautiful
theory. The veto power vested in the
president forever destroys the equality
of the legislative and executive depart
ments. A judiciary appointed by the
president, and removable only by the
tedious and uncertain process Of i'm
parchment, cannot by any stretch of
imagination be called coordinate with
congress.
And what are the results? The pres
ident asserts his individual opinion as
superior to the combined wisdom of
congress speaking directly with the
voice of the people. You may search
the constitution of the United States
with the most powerful intellectual
ever invented and not find
a word conveying any hint Of a grant
OF power to the supreme court to set
aside an act Of congress. The juris-
diction Of the court is plainly there.
Inferior courts may be established by
law, but it is not supposable that they
shall have authority not given TO the
court by the constitution.
We hold. therefore. that the courts
in exercising an unconditional veto over
have usurped q power not
granted 10 them by the organic law,
and one utterly destructive of the
theory of coordinate departments in
the government. If the courts cannot
initiate Legislation they can prevent it
a situation equally destructive of pop
ular government.
Unless we have given particular at
tention to the subject we hardly rea-
lie to what extent judicial govern
ment prevails among us. Not only do
the courts exercise the veto power al
ready mentioned, but they construe the
and intent of the law, assum-
ing that they understand the meaning
and intention of law better than the
authors OF the law. Moreover, the
courts undertake to amend legislation
A notable example occurred only few
weeks ago. What a comedy this,
these coordinate departments Of the
government
Consider also the education of the
lawyer. That consists not so much in
q knowledge of the statutes, but in
with the court decisions.
The lawyer, IN his argument, quotes
the decisions. seldom the statutes.
President Taft, in his veto message,
affirmed that judges do not represent
the people. 1 have seen no complete
copy Of the message, and do not know
Il he added, and, therefore, are not
to the people," but the ar
gument is meaningless without this
conclusion. Judges do not represent
the people in the same sense as con.
sressmen do. The judge presides in |
court He Supervises the presentation !
81 evidence 50 that the facts in the |
case shall be determined. He states |
he law applying to the facts. and ex-
plains 1t If in any way doubtful. He |
Is not responsible for the verdict of a /
Jury, except as he may have instruct |
ID the jury; but he may set aside a |
verdict. and order another trial. In all /
his the object is to establish justice. |
The judge represents the common
wealth. the organized society We call |
he state or nation, composed Of the
sovereign people organized for the
CONTINUED on Page Nine)