New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-08
Self Restraint the Basis.

Mr. Root maintained that the great basis
OF the strength OF American self-govern-
r1ent was the "self-restraint the people had
placed on themselves IN the judicial sys-
tenn adopted nv the fathers Of the coun-
ny"
.I believe" he said. that I'm the Ions
run the decisions Of the American people
are wise and sound. but they are so be-
cause the wisdom Of our fathers devised a
evstern Of government which prevents our
paoDle from reaching their conclusions ex-
cent after mature consideration and after
he passions Of the moment are excluded
our fathers believed that among the virtues
thai OF self-restraint stands near the first
] do not believe We are ready 70 say 10
the Judge. You are 10 maintain the great
principles Of Justice. but you must do so
subject 10 recall and disgrace for life II
YOU happen to decide against the viii OF
the majority
That there has arisen during the last
few wears quiet subtle way Of getting
I'D ~ federal Judges was 2 startling decls-
ration in the debate made by Senator 30
ran he asserted that the departments had
found a way Of having federal judges re
moved - their opinions did not suit the de
pertinent heads
7 am opposed 70 private as well as 70
public recall OF judges" he said. but if
there IS 10 be any recall 7 want a. 70 be
public and open. not subtle and behind
doors II the people once learn that their
judicial system is Influenced by political
considerations they will demand 20 hold
the string themselves
Follow Public Opinion.
Senator Borah said that in framing laws
legislators should be guided ny a well
formed and well sustained public opinion.
The practical wisdom born OF the reflection
and experience OF ninety millions Of people,
no said. was a remarkably safe guide for
lawmakers. Laws should embody in their
enactment as near as might be. ne added.
The practical information Of the railroad
owner. laborer. farmer. banker, merchant.
LAWYER and the thousands on whose integ-
rt,v rests the fabric OF modern business.
In emphasizing the Importance Of an alb
solutelv independent judiciary, who should
consider nothing but the terms Of the law
as written" Senator Borah registered his
disapproval OF judicial legislation.
Of the law De a bad law. detrimental 70
tire public welfare" ne said. the people
,seisiatss not only violates mis- oath but
underrnines the basic principles Of our in
s,itl1tions and opens the door 20 injustice
and fraud
Then the Senator said.
am afraid that the principle OF the. re-
call as applied 70 judges VIII ten0 70 esLa =
itsb the rule OF the majority IN matters OF
ludicial controversy II VIII tend 10 make
decisions bear the color ana dritS OF ma
fority rule or party oonnnauoii' Fatne- tllaI ma
fhat OF a faithful rendition OF the law ana
We sometimes argue that The first prin-
chile Of democratic or republican govern
,oent Is that the majority shall rule. That
sc true in making laws ana determining
no-icies. but ~ has nc place IN ana VIII
destroy republican government II appHeo
10 the courts or 70 controversies 70 be de-
ts-To,ned under the law There ell men are
eclial Though the majority must rule, yet
a government which has no method Tor pro-
Tecttng the rights OF the minority Is de-
spotic government. I do not care whether
YOU cal II a monarchy, an ar1stocracy OF
4 government which Will not protect me
IN nv rights though I stand alone and
srainst all my neighDOrs. IS a despotc gov
eminent II our courts are taught 10 Us
zen. trained by this subtle process OF the
wears 20 hearken 70 the voice OF the ma,
tori-,- 70 whom viii the minority appeal
Tor relief " the voice OF the majority
controls n this principle nnally comes 70
be recognized IN the tinidity OF judges, 70
vyhaf mower IN our government will the $50
lated the unfortunate. the humble and the
moor 90 for relief Where viii those with
out prestige. withou. wealth or social rank
go for protection
Declaring that although the American cit
zen loves liberty, he also IN the end de-
mands security and stability. Senator
Borah said a proposition which would i'm
peril the independence Of the judicial sys-
TEN would not long be tolerated One Of
the main questions settled by the English
revolution OF 1855. ne asserted. was that the
people should have the right 10 appeal for
protection 10 an independent tribunal OF
Justice.