Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-16

statehood is absolute. the people about
| TO constitute state should gehetally
! know better the kind OF government
and constitution suited to thelr needs
| than Congress or the executive. But
when euch a consultation contains
something so destructive of free gov
eminent as the judicial recall, it
should ne disapproVed.
A popular government is not a gov
eminent of majority by a majority,
for majority of the people. It is a
government of the whole people, by a
majority of the whole people under
such rules and checks as will secure
a wise. Just, and benefcient govern
ment for all the people.
No honest, clear-headed man. how
ever great a lover of popular govern
ment can DENY that the unbridIed eX-
preston of the ma jority of a COM
munity converted hastily into law or
action would sometimes make Il gov
ernment tyrannics and cruel. Gonsti-
tutions are checks upon the hasty ac-
ton of the majority They are the
self imposed restraints of a whole
people upon ma jority of them to Sc
cure sober action and respect for the
rights of the minority and of the in
diViduai i'm his relation to other indi-
viduals. and in his relation to the
whole people in their character as a
state or government.
The constitution distributes the
functions of government into three
hranches-the legislative. to make the
laws: the executive, to execute them;
and the judicial, to decide in cases
arising before il, the rights of the in
dividual as between MIN and others
and between him and the government
This division of government into ;hree
separate branches has always been re-
gafded rs a great security for the
maintenance of free institutions and
the security is only firm and assured
when the judicial branch is independ-
ent and impartial. The executive and
legislative branches are representative
of the majority of the people which
elected them in guiding the course of
the government within the limits of
the constitution. They must act for
the sWhola people. of course: but they
may properly follow. and usually
ought to follow, the views of the ma
iority which elected them in respect
to the governmental policy best adapt
ed to secure the welfare of the whole
people. But the judicial branch of the
government is not representative of a
majority OF the people in any such
sense, even il the mode of selecting
judges IS by popular election. In
proper sense. judges are servants of
the people. that is, they are doing
work which must he done for the gov
eminent and in the interest of all these
people. but ii is not work in the doing
of which they are to follow the will
OF the majority except as that is en-
bodied in statutes lawfully enacted ac-
cording to constitutional limitations
They are not popular representatives.
on the contrary, to fill their office
properly. they must he Independent;
they nUst decide every question which
comes before them according to law
and justice.
BY the recall ia the Arizona consti-
tuition it is proposed to give to the
majority power to remove arbitrarily
and without delay any Judge who may
have the courage To render an unpop-
uiar decision. by the recall, it is pro-
posed To enable a majority of % per
cent. of the voters of the district or
state for no prescribed cause after the
judge has heen in office six months
20 submit the question of his retention
in office to the electorate The petit
tfoniHg minority must say on the bal
LOT hat they can against him in 200
words and he must defend as best he
can in the same space other candi-
dates are permitted To present them
selves ana have their names printed
on the ballot SO that the recall is not
based solely on the record or the acts
of the Judge but also on the question
whether some other and more popular
candidate has been found to 'unseat
him Could there be a system more in
geniousIy devised to subject Judges to
momcntarv gusts of popular passion
than this We cannot be blind to the
fact shat often an intelligent and re-
spectacle electorate may he SO aroused
upon an ISSUE that it will visit with
condemnation the decision of lust
Judge. though exactly in accord with
the law governing the case. merely be-
cause it affects unfavorably their CON
test The recall is devised to encour-
age quick action and to lead the peo-
pie to strike while the iron is hot. The
judge is treated as the instrument and
servant of majority of the people
and subject to the momentary will. On
the instant of an unpopular ruling,
while the spirit of protest has not had
time to cool and even while an appeal
may be pending from his ruling in
which h" may he sustained he is to
be haied before the electorate as
tribunal, with no judicial hearing. evil
denee or defence and thrown out of
office, and disgraced for life because
he has failed, in single decision, it
may be. to satisfy the popular demand
Think of the opportunity such sys-
tenn would give TO INSCRIPTIONS politi-
cal bosses in control as they have been
III control not only of conventions but
elections.
rink of the enormous power FOR evil
gwen to the sensational undertaking por-
uoh OF the press in rousing prejudice
against Just judge by false charges and
ilslhuations, the effect of which In the
snort period of an election by recall, 1t
would De impossible for him to meet and
onset supporters of such a system seem