The midland journal. (Rising Sun, Md.) 1885-1947, 1911-05-19
PRESIDENT TAFT
CONDEMNS RECALL
Dissatisfied Few Could Harass
the Judges.
1T WOULD ENCOURAGE CRIME.
Further Encroachment Would Rob
the Judges OF Independence
Humlilated at Crime That
Goes UNPUBLISHED Now.

New York. President Taft came
out publicly in most pronounced
fashion against the recall Of the
judiciary. In his speech at the Ho-
tel Aston before the Conference on
Reform of the Criminal Law and
Procedure, the President made his
attitude plain. Most of his speech
had been devoted to comparison,
highly unfavorable to this country,
of the judicial systems Of Great
Britain and the United States. He
lamented the tendency manifested
even in England, but more par
ticularly in this country, to put limi-
tations on the power of the Judge.
And now" he said, mot content
with reducing the position of the
Judge to one something like that of
the moderator in a religious as
sembly or the presiding officer of a
political convention, the judge is to
be made still less important and to
be put still more on trial and to as
sumo still more the character of q
defendant by provision of law UNI
der which il his rulings and conduct
In court do not suit a small percent
age of the electors of his districts he
may be compelled to submit the
question of his continuance on the
bench during the term for which he
was elected to an election for recall,
In which the reason for his recall is
to be included in two hundred words,
and his defense thereto be equally
brief.
1T can hardly be said, my friends,
that this proposed change, if adopt
ed, will give him greater authority
or power for usefulness OF constitute
reform in the enforcement of the
criminal law of this country. 1t will
certainly not diminish the power or
responsibility of counsel for the
defendant Let us hope that the
strong sense of humor of the Ameri-
can people, which has so often saved
them from the dangers of demagog-
cry, will not be lacking in respect of
this 'nostrum.' =
1.-THE statistics, which show the
crimes that go unpublished in this
country as compared with those In
England" said Mr.. Taft, are start
ling and humiliating to any son of
America who has pride in his fell
low-countrymen as law-abiding and
law-enforcing people. A study of the
English system will show that their
procedure and their guarantees in
favor of the individual as to indict-
ment, trial and conviction and their
provision for the security of the lib
erty Of the individual are exactly the
same as ours; for we derive ours
from them. Our bills of rights, both
In federal and state constitutions,
are simple copies of limitations
found in the Magma Charta, the Pc
tition of Right and the Bill of
Rights which are part of the British
constitution.
Where is the great difference
then between the. effectiveness Of the
two systems? | believe to exist in
the character, experience and learn
ing of the judges in the power which
they maintain and exercise in the
course of the trial for the saving of
time and the simplification of the
issues, and in the respect and obedi-
ence given to their intimations from
the bench as to the proper behavior
of counsel in the conduct of the case.
If there is any other reason of the
difference it cannot be found in pro-
cedure."