Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-14
WILL DEFY SERVICE RECALL IS SCORED
John Hays Hammond Leaves President Taft Makes His Po
for Canada Today. siton Plain.
TO SAIL LAST OF MONTH UPH0LDS JUDICIAL POWER
Sulys Cited ment ienaency In ihls country
Appear Wednesday However TO curtal Court Authority
LIE IS PASSED AT HEARING ADDRESSES LEGAL CONFERENCE
in
Query Word. aas advantages over That
Introdu OF United States
President Taft Makes His Po-
sition Plain.
UPH0LDs JUDICIAL POWER
Laments Tendency in This Country
to Curtail Court Authority.
ADDRESSES LEGAL CONFERENCE
Considers System in Great Britain
Has Advantages Over That
of United States.

NEW YORK. May Is.-President Taft
tonight came out publicly and en-
phatically against the recall of the
judiciary. In his speech at the Hotel
Astor. before the conference on re-
form of the criminal law and pro-
cedure, the President made his atti-
tude plain. Most of his speech had
been devoted to a 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 particularly in this country,
to put limitations 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 mod
orator in a religious assembly or the
presiding officer of a political conven-
tion. tine judge is to be made still less
important and to be put still more on
trial and to assume still more the char
acter OF a defendant by a provision OF
law, under which. if his rulings and
conduct in court do not suit small
percentage Of the electors of his dis
trict, 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 200 words, and his de-
fense thereto to be equally brief.
: Called Nostrum.
1T can hardly be said, my friends, that
this proposed change. If adopted will
give him greater authority or power for
usefulness or constitute a reform I'm the
enforcement of the criminal law Of this
country. 1t will certainly not diminish
the power or irresponsibility of counsel
for the defendant. Let us hope that the
strong sense of humor of the American
people. which has so often saved them
from the dangers Of demagoguery, will
not be lacking in respect of this nos
trum.' -
The President reached the Astor at q
late hour and started speaking almost
Immediately
"The statistics which show the crimes
that go unpublished In this country, az
compared with those In England" said
Mr.. Taft, ARE startling and humiiiating
to any son OF America who has pride In
nna ans fs,owGean.rymen son,s as iawaSidinS
the English system will show that their
procedure and their guarantees I'm favor
OF the individual as to Indictment, trial
and conviction and their provisions for
the security Of the liberty of the fndi-
vidual are exactly the same as ours.
for we derive ours from them.
wherein Is the great difference, then,
between the effectiveness of the two sys-
TENS? l believe II to exist in the char
acter. experience and learning 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
obedience given to their intimations from
the bench as to the proper behavior of
counsel in the conduct of the case. II
there Is any other reason for the differ
ence 1t cannot be found In procedure.
Lighter Regard for Law.
TT must be found in the lighter regard
for law, and its enforcement on the par-
Of our people as whole, and conse-
quent less rigorous public opinion in
favor of the punishment of crime, which
relieves prosecuting officers and grand
juries from the highest standard in this
regard, and which finds its. way into and
exerts its influence in the jury panel dur
ing the trial and in the jury room dur
ing the consideration of the verdict.
what I believe to be an unfounded
fear of judicial tyranny and an un-
reasonable distrust of Judges have led
to statutory limitations upon their
power in the conduct of criminal
jury In this country, and especially
in the western states, an entirely diff
ferent institution from what il was
understood to be at the time of the
adoption of our Constitution.
"In many states judges are not permit
ted to comment upon the facts at all.
They are not even allowed to charge the
jury after the arguments of counsel. but
they are required to submit written
charges to the jury upon abstruse ques-
tions of law, with no opportunity TO apply
the principles concretely to the facts OF
the case
Burns and Gompers Present.
Attorney General Wjckersham was to
have made an address. but was unable to
attend. Francis ]. Heney Of San Fran
cisco was one of the speakers.
Among the 400 guests were Detective
William J. Burns. who arrested the Nc
Namara brothers and McManigal for al
legged dynamiting, and Samuel Gompers.
president of the American Federation of
Labor, who has denounced Burns as hav-
ing trumped up case against labor.
The President spent the night at the
home of his brother, Henry w. Taft. To-
morrow he goes to Harrisburg, Pa, TO
address the tenth biennial convention of
the Brotherhood of Railroad Trainmen,
Mrs. Taft, who left Washington early
TODAY is expected to accompany him.