Omaha daily bee., 1911-08-16

the ccmbrous features Of the present REM
coy might be avoided but tho opportunity
for pudicial hearing and defense gefore an
impartial tribunal might be retained.
Real reforms are not to be effected by
patent short cuts or BY Rbolishlng those
requirements which the experience has
shown TO be essential in dealing Justly
with every one. Such innovations are GER
tain in the long run to plague the inventor
or first user and will come readily to the
hand OF the enemies and corrupters OF
society after the passing 70 the just poul-
lar Indignation that prompted their adop-
tion.
Again. judicial recall is advocated on
the ground that Il will bring the judges
more into sympathy with the popular VIII
and the progress of ideas among the peo-
ple. II Is said that now judges are out Of
touch with the movement toward wider
democracy and a greater control OF gov
ernmental agencies In the interest ana lor
the benefit Of the people.
Nearly All Judges Are Good.
THE righteous and Just course for a
fudge to pursue is ordinarily liked oy
statute or clear principles of law, and the
causes in which his judgment may be ar
fected by his political. economical. or social
cases. Judges are not removed from the
peoples influence. Surround the judiciary
with all the safeguards possible create
Judges by appointment. make their tenure
for life forbid diminution Of salary during
their term and still It is impossible to pre-
vent the influence of popular opinion from
coloring judgments in the long run
Judges are men, intelligent, sympathetic
men. patriotic men, and in those fields OF
the law in which the personal equation un-
avoidably plays a part, there VIII be found
a response to sober popular opinion as II
changes to meet the exigency of social, po-
litical and economic changes.
Indeed, this should be so individual In
stances of a hide-bound and retrograde
conservatism on the part of courts in de-
cisions which turn on the individual, eco
nomc or sociological views of the judges
may be pointed out; but they are not many,
and do not call for radical action
Courts Are Human.
''In treating Of courts we are dealing with
a human machine, liable like all the inven-
tions Of man to err; but we are dealing
with a human institution that likens itself
to divine institution because It seeks and
preserves justice. II 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 majority has
lost nothing of benificient progress, eff
planned in the constitution by its trainers
and has been maintained by our independ-
cacy and directness. This balance was
ent judiciary.
"Precedents are cited from state consti-
tutions said to be equivalent to popular
recall In some cases Judges are renov-
able by a vote of both houses of the legis-
lature. This is a mere adoption of the
English address of parliament to the
crown for the removal Of judges. 1t Is
similar to Impeachment in that form or
hearing is always granted. Such pro-
vision forms no precedent for a popular
recall without adequate hearing and de-
Tense and with new candidates to contest
the election.
1T is said the recall will be rarely used.
II so, 1t will be rarely needed. Then why
adopt a system so full of danger; but it
is a mistake to suppose that such a power
full lever for influencing judicial decisions
and such an opportunity for vengeance
because Of adverse ones Will be allowed
to remain unused.
but it is said that the people Of Arizona
are to become an independent state when
created, and even il we strike out judicial
recall now they can incorporate 1t in their
constitution after statehood
ITO this l would answer that in dealing
with the courts, which are the cornerstone
OF good government and in which not only
the voters but the nonvoters and nonresi-
dents have deep interest as security
for their rights of life, liberty and prop
erty, no matter what the future action of
the state may be, it is necessary for the
authority which is primarily responsible
for It's creation to assert in no doubtful
tones the necessity for an independent and
untrammeled judiciary.
WILLIAM H. TAFT,
The White House, August 10, 1911"