Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-08-08
BORAH WANTS
INDEPENDENT
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Idaho Senator Attacks Re-
call of Judges in Speech;
Wants Judges That Will
Consider Nothing but Law

Washington, D. c., Aug. 7:-1.Sen
ator Borah of Idaho vigorously at.
tackled in speech on the statehood
bill in the senate today the principle
underlying the recall of the judiciary
He declared it to be his deliberate
and uncompromising opinion that with
out a free and Independent judiciary
the popular government would be
delusion, "a haunting, tormenting de-
lusion."
The speaker declared that in fran
ing laws legislators should be guided
by a we'll formed and we'll sustained
public opinion. The practical wisdom
born of the reflection and experience
of ninety millions Of people, he said
was remarkable safe guide for law
makers. Laws should embody in theiI
enactment, as near as might be, he ad
ded, the practical information OF the
railroad, owner, laborer, farmer, bank
er, merchant, lawyer and the thou
sands upon whose integrity rests the
fabric of modern business.
In emphasizing the Importance OF an
absolutely independent judiciary, who
should consider nothing but the terms
of the law written" Senator Borah
registered his disapproval OF Judicial
legislation.
"If the law be a bad law, detrimental
to the public welfare" he said, "the
people may modify or repeal it. But
the Judge who legislates not only VIC
lates his oath but undermines the
basic principles of our institutions and
opens the door to injustice and fraud.
II am afraid >that the principle OF
the recall as applied to judges will
tend to establish the rule of the ma.
jority in matters Of judicial controver'
sy., It will tend to make decisions
bear the color. and drift of majority
rule or party demands rather than Of
a faithful rendition OF the law and the
facts.
No Place for Majority Rule.
1--WE sometimes argue that the first
principle of democratic or republican
government is that the majority
should rule. This Is true in making
laws and determining policies but it
has no place and will destroy repub'
lican government if applied to the
courts or to controversies to be de.
termined under the law. There all
men are equal. Though the majority
must rule, yet government which
has no method for protecting the
rights of the minority is despotic
government. I do not care whether
you call it monarchy, an aristocracy
or republic.
"A government which will not pro.
tect me in my rights, though l stand
alone and against all my neighbors Is
despotic government. If our courts
are taught to listen, trained by this
subtle process Of the years to harken
to the voice of the majority to whom
will the minority appeal for relief? II
the voice of the majority controls, II
this principle finally comes to be
recognized in the timidity Of the
judges, to what power in our govern.
ment will the isolated, the unfortunate
the humble and the poor 60 for relief?
Where will those without prestige
without wealth or social rank go for
protection?"
Need independent Judge.
Declaring that although the Amer
lean citizens loves liberty he also In
the end demands security and sta
bility. Senator Borah said PROPOSE
ton which would imperil the indie
pendence of the judicial system would
not long be tolerated. One OF the
main questions settled by the English
revolution of 1858, he asserted, was
that the people should have the right
to appeal for protection to an inde.
pendent tribunal of justice.
"A feeble, a timid. an obedient
judiciary has always in the end proven
to be an incompetent critic or cor
rupt Judiciary" He said in conclusion,
When and wherever in all history
you find dependent judiciary, you
find that it is the man of limited
means, the poor man, who suffers, the
man who has not the wealth to pur-
chase immunity or the prestige to
command DEGREES. When the public
have written the law, then let us have
an Independent judge, free from any
political power to interpret the law
as written until the people rewrite 1t"