New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-16

lar indignation that prompted their adop-
Again. judicial recall is advocated on the
ground that it will bring the Judges more
into sympathy with the popular Will and
the progress OF ideas among the people. IL
Is said that now judges are out or touch
with the movement toward q WIDER demot.
racy and a greater control OF governmental
agencies liz the interest and for the beneHt
Of the people The righteous and Just
course for Judge 10 pursue is ordinarily
fixed by statute or clear principles OF law
and the cases i'm which mis- judgment may
social views are infrequent
But even in such cases judges are not re-
moved from the peoples influence sur
round the judiciary with all the safeguards
possible create Judges by appointment,
make their tenure for life. forbid diminu-
ton OF salary during their term, and stil!
II is impossible 10 prevent the influence or
popular opinion from cOlOring judgments
in the long run. Judges are men, intell1-
gent sympathetic men, patriotic men, and
I'm those fields OF the law IN which the per
sondl equation unavoidaoly plays par,
there viii be found response 70 sober
popular opinion as II changes 10 meet the
exigency OF social, political and economic
changes Indeed. this should be so. lndi-
vidual Instances Of a hidebound and retro
grade conservatism on the part OF courts
In decisions which turn on the individual
economic or sociological views OF the
Judges may be pointed out. but they are
TOT many anu w ll0i Ndil Abl AhNA'nA 'tN
ton.
Dealing with Human Machine.
In treating OF courts We are dealing with
a human machine, liable Ike all the in
ventions OF man 10 err, but We are dealing
with a human institution that likens itself
70 a divine institution because IL seeks and
preserves Justice. Ii has been the corner
stone OF our glorously free government. in
which the rights Of the individual and Of
the minority have been preserved, while
governmental action Of the majority has
lost nothing OF beneficent progress, efficacy
and directness. This balance was planned
in the Constitution by its trainers and has
been maintained by our independent tu-
dietary.
Precedents are cited from state constitu-
tons said 10 be equivalent 70 popular re-
call. In some judges are removable by a
vote of both houses OF the Legislature.
This is a mere adoption Of the English ad-
dress Of Parliament 10 the Crown for the
removal of Judges. II is similar 10 i'm
parchment, in that form ~ hearing is al
ways granted. such provision forms no
precedent for a popular recall without ade-
quate hearing aud defence and with new
candidates 10 contest the election.
II is said the recall will be rarely used.
If So il will he rarely needed. Then why
adopt a system so full Of danger? But II
is a mistake 10 suppose that such a power
full lever for influencing judicial decisions
and such an opportunity for vengeance be-
cause Of adverse ones will he allowed 70
remain unused.
But il is said that the people OF Arizona
are TO become an independent state when
created and even II we strike out judicial
recall now they can reincorporate 10 in their
constitution after statehood.
To this / would answer that in dealing
with the courts. which are the cornerstone
Of good government. and In which not only
the voters but the non-vOters and non-resi-
dents have n deep interest as a security
for their rights OF life. liberty and prop
erty, no matter what the future action OF
the state may be. n Is necessary for the
authority which IL primarily responsible
for it's creation 10 assert In no doubtful
tones the necessity for an independent and
untrammelled judiciary.
WILLIAM II. TAFT.
The White House. Aug. Is. 1911