The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-25
President ought to speak his prepared
argument against divorce.
TAFT ON THE JUDGES.

dlts III Ms SpSNth IL ~
Louis on Saturday, went very far TO-
ward iustifying the recall Of Judges.
He complained about the Judges IN
America lacking the power that judges
have in the English courts; but un-
doubt tedly a great deal of this loss OF
power is. chargeable to the Judges them
selves. They have allowed the attor'
news to encroach upon the court 8 pre-
negatives gradually until it is often the
case. as stated by the President, that
the control of proceedings "is taken
away from the Judge by the counsel for
the prosecution or the counsel for the
defense.
This is undoubtedly a very serious
question. The President does well TO
dwell upon it and to hold il up to pub
lie attention as something that needs
radical cure The fact is, that our Ju'
dical system is showing signs of break
ing down under its own weight. 1t is
impossible to get speedy justice any
more. and although litigation is increas'
ing all the time, it is also true that
many disputes that would be ltigsted
if there were any hope of speedy
ending to that litigation, arc compro-
missed out of court, each party TO the
dispute believing himself wronged and
being fully convinced that if he could
have Justice done him in the court he
would fare better. But it is impossible
to go into court, because no one can
see the end OF litigation once it is be-
gun,
The President appears to be fully ap-
preciative Of the need of having some
way TO deal with Judges who would not
measure mp to the requirements of the
judicial positions which they hold, and
GUST them He is still firmly against
the recall, and he admits that impcach-
mcnt is. as a rule, impracticahle. There
fore he proposed in that speech that
some other method Of removing lncom-
petent or inefficient judges should be
put into effect He admits that i'm.
parchment is clumsy method, and also
Ineffective But he SAYS "We can have
some other method of investigating the
qualifications of Judges, and if they do
And he suggested "some sort of judi
cal hearing, in which the facts should
be considered. " 1t is really valuable
suggestion in the dilemma which the
country faces. The judicial system is
not doing its work. Undoubtedly the
reason why it is not is found largely
because of the lack of fitness of the
Judges.
But what kind of judicial procedure
would the President suggest for the re-
moval of incompetent and inefficient
Judges? In the constitution of Utah,
and in that of many other States, it is
provided that the Legislature, by vote
apparently without any cause stated,
may remove a Judge, But no legislation
has been enacted to put this constitu-
tional provision into effect; and SO it
is uncertain what the requirement or
procedure would be IN. such case, 1T
is not safe, however, to rest the case
of Judges with n Legislature, because
the legislators are not LAWYERS; they
are not competent TO pass upon the
qualifications or efficiency of Judge.
The tribunal to do this should be, as
the President suggests, a judicial trlbu-
nal that would hear the facts and con
slider all phases of the case. 1t Is pos
sible that the President might consider
that the case of district of other nisi
prius Judge could be heard and deter
mined By the Supreme Court of the
State; but if the accusation. were laid
then what would be the remedy? We
are inclined to think that to put the
President s suggestion into effect as
TO the nisi prius Judges. and rest in the
Supreme Court the power Of hearing
and determining the fitness of such
iud ges to sit upon the bench, would
meet the case. This would be in direct
line with the idea brosched, and we
should be glad TO see that suggestion
developed in some practical form that
would rid the country Of judges who
allow attorneys to run their courts. and
so delay and complcate court proceed
ure as in fact to Geny justice to llti-
gants. and refuse the common rights OF
aspeedy trial 10 those accused Of crime.