Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-31
Recall Of Judges Is Political
Folly--SenaIOTiaI Elections.
Convention Refuses TO Condemn
"IhIrd Degree" Methods.
Favors Better Salaries for Circuit
And District Judges.

boston. Aug. 36.-An incident Tar
oNershadowing in general interest even
the several papers OF the day, valuable
as they Wero III rejecting the opin-
ions of noted jurists. was the an
nouncement late today that President
Taft would tomorrow morning address
the members of the American Bar As
ISOLATION. now holding it's 3ith annual
convention in this city.
After listening to the papers of the
days program, the lawyers paid a Wis
| it to Harvard University. inspecting
buildings, paying special attention t.
the law school, which is the oldest IN
the United States.
| The address of William B. Horn
blower of New York tonight filled
Huntington hall in the Massachusetts
Institute of Technology. Mr.. Horn
blower spoke on "Anti-Trust Iegisla-
ton and Litigation"
An address by Justice Henry s.
| Brown. United States supreme court.
retired, on The New Federal judicial
Code was the feature of the general
session.
Former Justice Brown bitterly op-
posed the recall of judges. The very
idea that 4 judge could be compelled
to descend from his bench and vindi-
cate his right u retain his seat By
an appeal TO the public is the last
/ recourse of political folly he said
The practice Of allowing the people
themselves TO choose their own off
GERS has been the origin of most Of
our woes Just now the current of
modern legislation is moving in two
different directions The one is TO
give the people a more direct and i'm
mediate voice ia the election of their
law making representatives. The 9TH
er Is a restriction of the power of tie
people To choose their executive officers
by popular vote.
With regard To the popular cleo
ton of senators-the fashionable Pc
litical fad of the dGys-I can only say
that while election by the legislat ure
has undoubtedly given MS some bad
men. il has produced a much larger
number OF honorable and eminent men
who have contributed immensely to
the prosperity of the country. 1t may
we'll be doubted whether senator
chosen by a Legislature may not more
honestly represent his state and its
people ,han one chosen by a politi-
cal caucus or primary and endorsed
by Il popular vote.
The argument is that if the people
may be entrusted TO elect the head OF
the :icket and its legislative officers
they may he equally entrusted with
the choice OF all the officers. But che
analogy fails in this vital particular.
The voter may he assumed To know
10 e. u, s,t- Al.
man who wishes to represent him in
the legislative body. but he cannot
know the multitude Of minor officers
who are necessary Tor the conduct Of
great business
Speaking of The tendenee to q re-
STRIFE NJ the popular vote in the cleo
ton Of executive officers, Justice
Brown took Up the short ballot and
| approved OF it as the federal system
which has obtained since the adoption
of the constitution aud has worked SO
| satisfactorily that no serious effort
has been made to change it."
He also took UP the plan OF commits
sion government Off cities which he
said was earning . well deserved
popularity"
The widely democratic ideas. which
I began u prevail early in the last cen
| fury. and finally eliminated in the
popular election OF justices of the
peace, constables. street commission
! ers and other petty officers has begun
to give place to saner views, which
| look more 10 the efficiency of those
chosen than to the qualification of the
popular whim in choosing them. "
| Considerable discussion was heard
| following reports Of committees on
compensation for industrial accidents;
remedies and proposed laws To pre-
vent delay and unnecessary cost in
litigation; on government liens on real
estate and on presenting to Congress
| bills relating to courts of admiralty.
| At the session of the section on legal
education, Gov. Simeon Il. Baldwin OF
! Connecticut, chairman of the section,
delivered an address on THE study Of
Roman Law in American Law
Schools" Frederick r. coudert OF
New York, John r. Sanborn of Wis
consin and Andrew a. Bruce of North
Dakota discussed a paper read by Mr.
Coudert on The True Mission of State
Board of Bar Examiners and Their
Opinion in Legal Education"
The section Of patents trademark
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