Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-08-18

tnan that OF the judiciary or any oth
er country and more effectively secure
adherence to the fundamental will o
the people"
Speaking of his course Of argumen
against the recall once more, the pres
ident asks: Gould there be a system
more ingeniously devised to subjec
Judges to momentary outbreak of pop
ular passion than this? No period O.
delay is interposed for the abatement
of popular feeling. The recall Is de.
vised to encourage quick action and t.
lead the people to strike while the iror
ist hot"
On the instant Of an unpopular rul.
ins, the president explains, while the
spirit of protest has not had time tc
cool, the Judge is to be hauled before
the electorate as a tribunal, with nc
evidence or defense, and thrown out
Of Office, or disgraced for life because
he failed in a decision to satisfy the
popular demand.
Think Of the opportunity such q
system would give to unscrupulous
political bosses in control, as they have
been in control, not only Of conven-
tions but elections. Think of the
enormous opportunity for evil given tc
the sensational, undertaking portion OF
the press in rousing prejudice against
just judge by false charges and in
situations, the effect Of which in the
short period of time of election by re-
call it would be impossible for him tc
meet and Offset"
with the argument that the recall
would work to the advantage Of the
poor and oppressed the president has
no patience.
Nothing" he says, could be fur
ther from the ultimate result. The
motive 1t would offer to unscrupulous
combinations to seek to control poll
tics in order to control the judges Is
clear. Would not self-respecting mer
well hesitate to accept the judicial Of
flee with such a sword Of Damocles
hanging over them! What kind oi
judgment might those on the unpopu-
lar side expect from courts whose
judges must make their decisions un-
der such legalized terrorism?
"The character Of the judges would
deteriorate to that Of trimmers and
time servers, and Independent Judicial
action would be a thing of the past
AS the possibilities of such a system
pass in review Is 1t too much to char
acterize it as one which will destroy
the judiciary, its standing and useful
ness?"
Passing to the argument that the
recall is only carrying out the prin-
ciples Of election Of a judge, the presi-
dent declares that the success of ar
elective judiciary furnishes no reason
for so changing the system as to take
away the very safeguards which have
made 1t successful" .--...---
Answering another argument-that
in some states judges have shown
themselves under corrupt corporate in
huence and that nothing but desper-
ate remedy will suffice-the president
contends If political control in such
states has been wrested sufficiently
from corporate control to propose such
measure as the recall, an effective
remedy could be found in impeach-
ment. Real reforms" he said, ARE
not to be effected by patent short cuts
or by abolishing those requirements
which the experience Of ages ha!
shown to be essential in dealing justly
with every one. Such innovations are
certain in the long run to plague the
inventor or first user and will come
readily to the hand Of enemies anc
corruptors Of society after the passing
of the just popular Indignation tha
prompted their adoption"
Speaking Of the contention that ju'
dicial recall would bring the judge!
closer to the people and more in sym
pathy with the popular will and pro-
gress, the president says that In tht
long run their judgments must be col
ored by public opinion, no matter how
safeguarded and surrounded they may
| be.
in treating Of courts" says he, "w'
are dealing with a human machine
liable like all the inventions of man t.
err, but We are dealing with a human
institution that likens itself to a divine
institution because 1t seeks and pre-
serves justice. 1t has been the cor
nerstone of our gloriously free govern
ment.
| 1T is said the recall will rarely b'
used If so it would be rarely needed
Then why adopt a system so full o
danger?"
In closing the message the presi'
dent declared that while he was cog
INFANT of the fact that Arizona, once
in the Union, may incorporate the re-
call in her constitution, he could no
allow the opportunity to pass to reg
ister his disapproval of that provision
1T is necessary" says he, for the au'
thority which is primarily responsible
| for it's creation to assert in no doubt
full terms the necessity for an inde'
pendent and untrammeled judiciary"