Weekly journal-miner., 1911-08-23


 towards the popular side.
 As already pointed out, however, in the election of judges for a long and fixed term of years the fear of pop ular prejudice as a motive for an un- unjust decision is minimized by the tenure on the one hand while the op- portunity which the people have calm ly to consider the work of a judge for a full term of years in deciding as to his reelection generally insures from them a fair and a reasonable consideration of his quality as a judge. While therefore there have been elected judges who have bowed under an unjust or unpopular preju- dice or who have yielded to the power of politics in their decisions, I am convinced that these are exceptional and that on the whole elected judges have made great American iudiei- ary. But the success of an elective judiciary certainly furnishes no reason for so changing the system as to take away the very safeguards which have made it successful.
 What is made t5 defend the prinei- pie of judiciary recall by referendum is a state in which the judges are supposed to be under corrupt corporate influence and in which it is claimed that nothing but remedy would sui flee. If the political control in such states is sufficiently wrested from eorrupting corporations to prevent the enactment of a radical constitution like that of judicial recall, it would seem possible to make a provision in its stead of an effective remedy by impeachment in which the eumbrous features of the present remedy might be avoided but the opportunity for judicial hearing and defense for an impartial tribunal might be restrained.
 Real reforms are not to be effected by patent short cuts or by abOlishing those requirements which experience has shown to be essential in dealing justly with eery one. Such innOva- tions are certain in the long run to plague the inventor or first user and will come readily to the hand of the enemies and eOrrupters of society after the passing of the popular in dignation that prompted their adop- tion.
 Again the judicial recall is adoeat- ed on the ground that it will bring the judges more in sympathy with the popular will and the progress of ideas among the people. It is said that our judges are out of touch with the toward a wider democracy and a greater control of governmental agencies in the interest and for the benefit of the people. The righteous and just course for a judge to pursue is ordinarily fixed by statute or clear principles of law and the cases in which his judgment may be affected by his political economy or social views are not frequent. But even in such eases judges are not removed from the peoples influence. Sur round the judiciary with all the safe guards possible. create judges by a people, make their tenure of life for bid diminution of salary during their term and still 1t is impossible to pre- rent the influence of popular opinion rom eoIoring judgments in the long un.
 Judges are men, intelligent, sym patriotic men, and those fields of the law in which the person Il equation unavOidably plays a part, here will be found a respanse to ober popular opinion as it changes O meet the exigeneies of social. poll ieal and economic changes.
 Indeed this should be so Individ- Ial instances of a hide-bOund and re- conservation on the part of ourts, in decisions which turn on the individual economic of sociological jews of the judges may be pointed ut but they are not many and do ot call for radical action.
 In dealing with courts we are deal lg with a human machine, liable to ake all the inventions of man to err. 'ut we are dealing with a human in- titutiOn that likens itself to a de- inc institution because it seeks and
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