Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1911-11-22

Of office and the dndepende nce Of the
judiciary are carefully guard ID -by !
the laws OF Switzerland.
(. Experience has proven that a cor: |
stitrMion is. necessary to insure .
stable and properly balanced gov
iernnlent, and it is unwtse to do any
thing that will tend to weaken any
branch OF the goVernme nt for. such
an act win tend toward the unb al
ancing OF the whole structure.
No one will deny but that there
are unjust judges at the pressns8ij
time, the same as there has been AM IN!
all ages. and that such Judges do
more to create public unrest and pro
mote the growth Of socialism that all
other present day causes. But, be-
cause that is true, docs not follow
that the people should lblmdly strike
at the foundations OF their national
greatness. That would be repeat .ng
the Samson act. That would be us
ing the power OF a giant to- puM
down the temple and destroy them,
selves as we'll as their enemies.
Governor Woodrow Wilson is a
scholar. statesman and a lover Of
mankind, and those who are earnest
" seeking for light on this question
may find his views more than ordi-.
narily helpful.
In speech delivered in Kansas
City last May, Mr.. Wilson said:
The recall is q means Of admin.
istrative control. IL properly regu-
iated and devised it is a means OF
Irestoring to illustrative J: officials
what the initiative and referendum
restore to legislato tors namely q
sense q direct responsibLity to the
lpeople who chose them &
The recall Of judges, is another
matter. Judges are not lawmakers.
They are not administrators. Their
duty Is not to determine what the
law shall be; hut to determine what
the law la Their independe nce. Their
sense Of dignity and OF freedom. is
Of the first consequence to the sta
dlity Of the state. To apply, to them
the principle Of the recall is to set
N the idea that determinations NJ q
what the law is must respond to pop.
ular impulse and TO popular j,sdg.
ment It is sufficient that the PEG.
pie should have the power to change
] the law when they will. 1t is not ne.
cessary that they should directly in
]. fluence by threat OF recall those who
merely interpret the law already e.
tabltshed. The Importance and dc
I STABILITY OF the recall as means Of
administrative control ought not to
I / be obscured by drawing it into this
other and very different field
!, In conclusion we confidently assert
that the right to a trial before an
independent and impartial court Is
more important than many Of our
onstih,tionally guarded rights, and
hat opposition TO the placing Of
that right II the hands OF q mere
majority shows no lack OF faith in
the people, because the people want
all Of their important rights consti.
tutionally buttreased and protected
fro:n the changing desires Of mere
majorities. $5S5
| Out Of reach Of the impulse OF the
moment and the cry Of cruelty Him
stand our constitute nal rules Of jus.
tice. Gods justice, which every 1T
giant. though he stand alone, is emit.
/ tied to; and y is the sworn duty Of
Ieyery$ Judge to see that the judg,
ments Of his court conform to those
Irules rather than to the desires o.
erstwhile majorities. And thst dut,
being required 81 jutses We feel
quite certain that the American
people do not want law which will
interfere in any way with It's per
formance.