The evening times., 1911-08-18
PRESIDENT TAFT ON
THE JUDICIAL RECALL
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es Is sufficiently wrested from cor
rupting corporations to permit the
enactment Of radical constitutional
amendment like that Of judicial re-
call, 1t would seem possible to make
provision in its stead for an effective
remedy by impeachment in which the
cumbrous features Of the present
remedy might be avoided, but the op-
portHnity for judicial bearing and. de-
fense before an impartial tribunal
might be retained.
Real reforms are not to be effected
by patent short cuts or by abolish
ing those requirements which the ex-
perience of ages has shown to be es-
sential 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 the enemies and cor
rupters of society after the passing
of the just popular indignation that
prompted their adoption.
Again, judicial recall is advocated
on the ground that it will bring the
judges more into sympathy with the
popular will and the progress Of
ideas among the people. 1t is said
that now judges are out Of touch with
the movement toward wider democ-
racy and a greater control of govern
mental agencies in the interest and
for the benefit of the people.
The righteous and just course for
a Judge to pursue is fixed ordinarily
by statute or clear principles of law,
and the cases in which his judgment
may be affected by his political, eco
nomic or social views are infrequent.
But even in such cases judges are
not removed from the peoples influ-
ence
Surround the judiciary with all the
safeguards possible, create judges by
appointment, make their tenure for
life, forbid diminution of salary dur
ing their term, and still it is impossi-
BILE to prevent the influence of popu-
lar opinion from coloring judgments
in the long run. Judges are men, in
telligent, sympathetic men, patriotic
men, and, in those fields of the law
in which the personal equation un-
ayoidably plays part, there will be
found response to sober popular
opinion as it changes to meet the
exigency of social, political and eco
nomic changes.
Indeed, this should be so. Individ-
ual instances of hide-bound and re-
trograde conservatism on the part of
courts in decisions which turn on the
individual economic or sociological
views Of the judges may be pointed
out. but they are not many, and do
not call for radical action. In treat
ing of courts We are dealing with a
human machine, liable, like all the
inventions Of man, to err; but we are
dealing with human institution that
likens itself to divine institution be-
cause it seeks and preserves justice.
1t has been the corner stone of our
gloriously free government in which
the rights of the individual and of
the minority have been preserved
while governmental action of the ma
jority has lost nothing of beneficent
progress, efficacy and directness. This
balance was planned in the constitu-
tion by its trainers and has been
maintained by our independent judi
ciary.
Precedents are cited from state
constitutions said to be equivalent to
a popular recall. In some, judges are
removable by a vote of both houses
of the legislature. This is a mere
adoption of the English address OF
parliament to the crown for the re
moval Of judges. 1t is similar to i'm
peachment, in that form of hearing
is always granted. Such provision
forms no precedent for a popular re-
call without adequate hearing and de-
fense, and with new candidates tc
contest the election.
@ O o
1t is said the recall will be rarely
used. If so, it will be rarely needed
Then why adopt a system so full Of
danger? But it is a mistake to sup.
pose that such powerful lever fol
influencing judicial decisions and
such an opportunity for vengeance
because of adverse ones will be al.
lowed to remain unused.
But it is said that the people ol
Arizona are to become an independ
ent state when created, and, even Il
we strike out judicial recall now, they
can incorporate it in their constitu
ton after statehood.
To this would answer that II
dealing with the courts, which arr
the corner stone of good government
and in which not only the voters bu
the nonvoters and nonresidents have
deep interest as security for theil
rights of life, liberty and property
no matter what the future action O.
the state may be, it is necessary fol
the authority which is primarily re
sponsible for it's creation to assert IL
no doubtful tones the necessity fol
an independent and untrammeled ju
dietary.
William H. Taft.
The White House, Aug. Is, 1911.