Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-08-01
HIGH COURT IS
CRITICISED BY
. SENATOR OWEN

Providing for Recall Of
Federal Judges in State.
Washington, D. G.. July 31.-severe
criticism of the supreme court OF the
United States marked the speech OF
Senator Owen Of Oklahoma, who advo-
Gated before the senate today the
adoption Of his bill providing for the
election and recall OF federal judges.
This bill provides that any Justice of
the supreme court or any Judge of any
other United States court shall b CUB
ject to recall by resolution Of con-
gress; that all district and circuit
judges OF the United States shall be
elected by the voters of the district
or circuit, and that their tenure of OF.
fice be four years.
Answering the contention OF oppon-
ents Of the recall Of judges that the
electorate would not be so conserva-
tive In the exercise Of the power OF
recall as would the national legisla-
ture or the state legislatures, Senator
Owen said that the electorate OF the
American states Is abundantly con-
servat1ve and moves more slowly than
its progressive representatives would
move. The people. he maintained,
have been trained to give the beneft
of the doubt to anyone assailed, and
when In doubt they will always vote
no. ses
Favors the Recall.
Never during the years that the
right of recall has existed In Oregon.
said the speaker, have the people
availed themselves of It against
Judge. although there Is one case
pending there now, which, undoubted-
ly, will be decided wisely by the peo-
ple.'' The reactionary Tory argu-
ment that the people are turbulent,
wild and visionary, unduly passionate,
comprising an irresponsible mob not
fit for power, was held by the speaker
to come with poor, grace from those
who hold their honors. dignities and
salaries from these same people.
Stress was laid upon the popular
sentiment that senator's should be
chosen by direct vote Of the people.
The senator held that II the people
have intelligence enough to elect SEN
ators and members Of the house they
would not be lacking In that quality il
1t should come to the election or re-
call of a Judge.
If the power OF recall exists" Sem
ator Owen said, "the conduct OF
judges will be 80 exemplary, 50 salts
factory to the people of the United
States that no recall of any
federal Judge would ever be nee
essary The moment the recall
went into effect the courts would
promptly discontinue their unauthor-
ized. unconstitutional, and grossly I'M
proper conduct Of declaring an act OF
congress unconstitutional. The fed
eral courts would no longer, because
of their views Of public policy, amend
acts OF congress by inserting words
In important statutes which congress
had refused to insert as the supreme
court did in the Standard OIL case and
In the tobacco trust case"
The Recall is Justified.
The recall, the senator argued, 10
justified by reason and common sense.
He could not see why anyone should
insist that Judge infirm, disabled.
feeble, decrepit and worn ont, should
not be recalled, except by impeach-
ment. The recall, he maintained, is q
much milder system than impeach-
ment, and may remove a judge without
disgrace. Criticising the courts. the
speaker said that the fourteenth
amendment, intended to protect the
negro, has been twisted from its pur-
pose to protect the. trusts and monop-
olies in imposing long hours of labor
upon employees upon the absurd theory
that to deny the employe the right to
work long hours is a denial Of his con-
stitutional privileges.
The speaker dwelt upon the dec
laration of the supreme court OF the
United States that the income tax Of
some sixteen years ago was unconsti-
tutional. "The decision in this case"
said the senator, "by the change of the
vote of one judge-of one lawyer In
this court, appointed at whoses IN
stance we do not know-has cost tho
poorer people of the United States q
! hundred millions year for over six
teen years. $1,000, 100000 in all, and re-
lieved those best able to bear the tax
OF like amount. What better evi-
dence could be afforded of the pa
tience, forbearance and conservatism
OF the people that they have so long
borne patiently with such decision?"