The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-08-11
RECALL PEOPLES
ONLY PROTECTION
Senator Owens Argument on The
Election And Recall of Federal
Judges.


three chose the state judges for short
or fixed terms, and these three re-
called by legislature.
He argued that a short or fixed term
was automatic recall by short tenure,
and that forty-three states had fixed
or short tenure, and that thirty-two
states recalled by the legislatures.
He argued that the right to recall
was justified because it often hap
pened that judges became inhrm, dis
abed or weak in body and mind, or
were found with a bias of mind and
temper contrary to the fixed policy
of the American people; that in such
cases impeachment was too severe,
While the recall by the congress of
the federal judges might be exercised
without dishonor to the Judge by put
ting him on a pension roll, when he
was recalled, without subjecting him
to unnecessary criticism.
He pointed out that England, France
Germany, Austria, Denmark, and New
Zealand did not allow their laws an
nulled by the courts and recalled their
judges by act of Parliament.
He showed that the federal bench
had bias not approved by the public
sentiment of the United States, as IL
lustrated by the platforms of the var
ious parties. The republican platform
190S) condemning certain injunctions,
the democratic platform (190S), pro-
testing against government by injunc-
tion; the independence party (190S)
condemning the arbitrary use of in
junction and contempt proceedings;
the peoples party of 1908, condemn
ling multiplying state laws by injunc-
ton; the socialist party declaring the
courts to be "in the hands of the rul-
ing classes"
He quoted Mr.. Roosevelt, Mr.. James
Allen Smith, President Taft, Chief
Justice Clark of North Carolina, Pres
| ident Hadley of Yale, and many others,
commenting upon the aggression of
the judiciary.
He pointed out that four times the
right was refused to the supreme court
in the constitutional convention, to
declare unconstitutional acts of con.
gress before congress passed the
act;" that no other great nation per.
mitted its laws to be rendered nuga.
tory by its judiciary.
Senator Owen also called attention
to the numerous cases where the state
laws had been set aside by federal
court; where acts of congress of the
greatest public importance had been
vetoed by the court on the charge that
these laws were unconstitutional. He
called attention to the destruction oi
the employers liability act; of the
compulsory arbitration act; of the in
come tax law; of the Sherman anti
trust law, and many other laws, ant
pointed out what various justices Of
the supreme court had said on the in
come tax law decision. For instance
that Justice Jackson had declared the
decision the most disastrous blow evel
struck at the constitutional power o
congress; that Justice Brown hoped i
would not prove the first step towards
the despotism of wealth, and regarded
it as a national calamity; that JUS
tice Harlan regarded it as a disaste
to the country.
Senator Owen insisted that the fall
bility of every member of the supreme
bench had been judicially ascertainet
by the various decisions of the su
preme court, in which the majority o
the court had at various times declare,
te distinguished fallibility of ever,
justice on that court
He called attention to the activit,
and success of the special interests i
seeking and obtaining the nomination
of men for the federal bench, with
bias favorable TO them, and remarke
, that for people who liked that kin
of thing it is the very kind of thin
, that that kind Of people like"
He declared, and undertook to prove
, that the constitution fully authorize
congress to provide for the recall c
federal judges, and states that sine
every state in the Union believed
, the control of the state judiciary, h
had no doubt that the people of tn
states would approve the election an
recall of federal judges.
He further said that the right {
recall of federal judges being declared
the recall itself would never be nece
sary, because the judges, in that col
e tingency, would respect the publ
t opinion of the people of the Unite
States and avoid the recall.