The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-11


nalfeasance in office he shall be tried
not by a judge and jury and upon the
evidence Of witnesses sworn to tell the
truth, but in the newspapers and on
the stump and by whatever testimony
partisan rancor or personal malice
may see fit to present
| such, in brief, is the plan of re-
demption offered to us by the prophets
of the new dispensation. Such is the
scheme which they propose to substf-
| which was devised by the founders OF
the republic, and which has been re-
affirmed in every state constitution
| that has been drawn from that day to
| this.
Working of Referendum.
AS to the practical working of the
referendum, have seen 1t stated in
the public prints that four years ago
| nearly every appropriation bill passed
| by the oregon legislature was referred
to the people for their approval OF
rejection before 1t could go into ef-
feet. AS a result, the appropriations
! being unavailable until the election
could be held, the state was compelled
to stamp its warrants mot paid for
want Of funds" and to pay interest
| thereon, although the money was in
the treasury, the university and other
state institutions were hampered and
embarrassed and the whole machin-
cry Of government was in large
measure paralyzed- In other words,
under the Oregon law a pitiful mi
nority of the people was able to OBJ
struct and embarrass the usual and
for time at least to absolutely
thwart the will of an overwhelming
majority of the people.
Evil of Recall.
But the initiative and referendum,
| subversive as they are of the repre-
sentative principle, do not compare in
+, importance or in possible power for
evil with the recall. The statutes OF
every state in the Union provide a way
| by which a recreant official may be
busted from his office or otherwise
punished. That way is by process of
law, where charges must be specific.
| the testimony clear and the judgment
| impartial But what are we to think
of procedure under which an official
| is to be tried, not in a court, by a Jury
| Of his peers, and upon the testimony
of witnesses sworn to tell the truth,
but in the newspapers. on the street
corners and at political meetings
| Can you conceive of a wider depar-
ture from the fundamental principles
! of justice that are written, not only
| into the constitution of every civilized
nation on the face of the earth, but
|
man being, the principle that every
man accused of a crime has right
| to confront his accuSerS, to examine
| them under oath, to rebut their evil
dence, and to have the Judgment final
| ly Of men sworn to render a Just and
/ lawful verdict.
| Lincoln and the Recall.
Small wonder that the argument
oftenest heard in support of a PROPOSE
1 ton so abhorrent to the most prirni-
! tive instincts of justice is that it will
| be seldom invoked and therefore car
not do very much harm. I leave you
| to characterize as 1t deserves a law
whose chief merit must lie in the rar-
| ity of it's enforcement.
We have demagogues enough now
| Heaven knows, when election to ar
office assures the tenure of it for two
or four or six years. But If that ten
| ure were only from hour to hour, il
it were held at the whim of a power
| full and INSCRIPTIONS newspaper fol
example, or if it could be put in jeop-
ardy by an affront which in the line
Of duty ought, we will say, to be Civ
/ en- to some organization or faction Oh
cabal, what could we expect? Is Il
not inevitable that such a system
would drive out of our public the meI
of real character and courage anc
leave us only towards and trimmers
/ and time servers? May we not wei
system a device which, had 1t been ir
| vogue in the past, would have made
it possible for the Tories to have re
called Washington, the Copperheads tt
have recalled Lincoln ana the Jingoei
to have recalled Mckinley. Above al
may we not we'll hesitate to Introduce
into our political system a. device
which would subject to recall a judge
whose decisions happened not to &C
cord with the passion or the prejudice
of the hour?
/ Effect on Judiciary.
Is it conceivable that any juriSt o.
integrity and self-respect could bt
found who would accept a seat on the
bench knowing that his tenure Of of
Il fee might be challenged at any hour
that his judgments were to be review
ed, not by a superior court but by the
newspapers and upon the politica
platform? L remember an occasion
many years ago when a citizen of one
of the country townships in my home
county was brought before the loca
i justice of the peace, charged with
some petty offense. And at the con-
clusion of the trial the learned justice
delivered the following opinion:
According to the law and the evil
~@ FOR