Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-07
KEEP COURTS FREE
Senator Borah Pleads for an
Unfettered Judiciary.
POINTS PERIL OF RECALL
Leave Minority at Mercy Of the Ma
jority, Declares the Senator
From Idaho.

tTOm xQan0.
To shield the rights Of the minority and
to protect the weak and the unfortunate,
Senator Borah Of Idaho, in a speech in
the Senate this afternoon, made an ap-
peal for the independence Of the judiciary
and a vigorous attack on the judicial re-
call feature of the Arizona constitution
1T is my deliberate and uncompromis-
ing opinion that without free, untram-
meled, Independent judiciary" he said.
popular government. the government Of
the people. by the people and for the peo-
pie. would be a delusion, a haunting, tor
menting delusion.
THE distribution OF justice is the most
solemn and most difficult task which gov
eminent imposes upon men. Human ma
ture is weak for the task at best. Re-
member1ng this, We should not impose
upon those who are called to this high
service our selfishness. our objections, our
prejudices unrestrained by their oath or
their obligations, unsteadied by their
sense of responsibility. We should rather
brace and prop them for the work in a
way best calculated to inspire courage,
confidence and independence
Struggles for Justice. 1870
History, Senator Borah said, shows
that the struggle Of peoples to be free
has been a struggle for an Independent
judiciary where even the humblest and
poorest can expect Justice, even though
all men are against him.
1.-THE difference between the old de-
mocracies or republics which persisted
and ours" he continued, lis that the an
cient republics could devise no way by
which to shield the rights Of the minor
a government which has no method OF
protecting the rights of the minority
for it has rights-is a despotic govern
ment, l do not care whether you call 1t
monarchy, an aristocracy or q republic.
A government which will not protect me
in my rights. though I stand alone and
against all my neighbors. is despotic
government. II our courts are taught
to listen. trained by this subtle process
of the years to hearken to the voice Of
appeal for relief? If the voice Of the
majority controls, If this principle finally
comes to be recognized In the timidity
Of judges. to what power in our govern
ment will the isolated, the unfortunate.
the humble and the poor go for relief?
out wealth or social rank go for protec-
tion?'
His to Interpret Law.
When law is to be written. Senator
Borah pointed out, public opinion should
be the controlling factor. But when the
law is to be administered, nothing should
be considered except the terms Of the law
as written. The judge has nothing to do
with its leniency or its harshness, its
wisdom or its unwisdom; cannot consider
his own interests or seek the advice OF
friends. Mr.. Borah contended. but can
only conStrue the law faithfully 9S 1t
has been written.
UNLESS judge Is corrupt or In some
way at fault, which things may always
be dealt with uncer the law" he added.
Il want him to know when he takes his
oath that he is to serve the stated time
for which he has been elected or chosen.
1 want him to feel and know that for
that length of time he can walk I'M
afraid in constant company with his own
conscience and follow without fear or
favor the light of his own intellect"
After reviewing the struggles Of the
past for the independence Of the judiciary,
Senator Borah added:
1T seems to me that the experience Of
the past has closed the discussion as to
the necessity of an Independent judiciary.
A feeble, a timid, an obedtent judiciary,
whether to popular demand or king, has
always in the end proven to be an incom-
petent, cruel or corrupt judiciary.
Such a judiciary leaves human rights
uncertain and worthless, unsettled tiles,
destroys values, leaves the workman and
the employer alike without protection or
guidance, and has more than once de-
moraIized or destroyed governments.
Trade commerce or labor have never and
will never flourish or prosper under an
unstable and unreliable system OF
courts.
Wreck Of Governments.
Whether you look upon the wreck Of
ancient republics and democracies. where
the courts yielded their decisions to the
Triumphant faction or party or to the mod
ern monarchies where the miserable In
struments Of kingly power served well
their masters. whenever and wherever In
all history you find a dependent judiciary,
you find that it is the man OF limited
means, the poor man, who suffers first and
suffers most. the man who has not the
wealth to purchase immunity or the
prestige to command DEGREES II there
is any man in the world who is inter
ested in having a brave, able. fearless,
Independent judiciary, judges who will, as
against influence or power, political or
financial, interpret the law as 1t Is writ
ten, it is the man OF limited or no means
His small holding. the honor Of his name.
his liberty. even his life may be IN 1eo-
/ e-dy. If so. does he want a judge who
viii /. en- to wealthy friends or political
advisers. Does he want to approach a
tribunal above which rests the threat OF
political humiliation or punishment?
repeat, the man or influence. Of means.
may contend against such odds. but the
citizen without prestige or wealth
cannot do 50. We owe It to ourselves and
to postertty. to the institutions under
which we live and, above all. to the com
mon people Of this country to see to It
that our Judiciary II placed az nearly as
human ingenuity can do % beyond the
reach of influence or any OF the things
which may cloud the mind with passion
or fear, or dull tho conscience to the high
est demands Of even-handed Justice"
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