The Detroit times., 1911-05-03
RECALL IS BLOW To
LAST DULWARK Of
PRIVILEGE
1t Is Important Link in Reform Pzp-
gram by Which California Was
Rebuilt Politically in Eighty
Five Days.
Determined Opposition Springs Up.
Against Application Of Recall 70
The Judiciary.

SACRAMENTO, May s.--The last
bulwark OF privilege has ever been
the courts.
The last stand of corporate rapacity
has ever been our judicial tribunaIs,
! do not mean to convey that al
judges or even the larger proportion
OF judges are responsive to corporato
power or influence, but just as some
judges and some courts have always
been the refuge TO which corpora
tions In their unjust aggression have
fled for the undoing Of the people.
just so did we find, when the recall
was broached In the Legislature Of the
state Of California, the courts main
tanning the same position---the last
stand Of discredited and defeated spe-
cial interests. -
Both Parties Pledged.
Both OF the political parties OF Cal
ifornia, in the last campaign, without
qualification, had declared for the "ro-
call" No man entered the Legislators,
without at least having taken the tacit
pledge that he believed In the recall
in its application generally. And yet
when It came to the presentation Of
the amendment to the constitution
which would enable us to put In prac-
tice that which all parties had preach
ed, the most determined opposition
sprung up TO the recall In its applic-
ability to the judiciary.
The courts themselves In many in
stances interposed their objections. II
occurred that some lawyers were
frightened into active and open opp0-
sition; others, with the peculiar tradE
tions of their profession, honestly be-
lieving themselves and judges to b
made OF different clay than their fell
lows, fought stubbornly the measure.
Bar associations throughout the state
were importuned to pass resolutions
against the recall Of the Judiciary and
In many counties these resolntiong
were passed and Immediately trans
mitted to the representative of the,
particular localities.
Weak Men Frightened
Weak legislators were frightened
with the idea that the courts were be-
ing invaded and that good men could
not be obtained as candidates for
judges, II the recall ever threatened
them, and every specious plea that
entrenched power could make was
submitted to the legislature In the en-
6eavor at last to break the plan which
had up TO the time that the recall was
presented, been so successfully car
ried out.
Perhaps the f1ercest struggle and
the most stubbornly contested one,
during the entire legislative session,
was upon the making OF the recall ap-
plicable to the judiciary At first. the
opponents OF the measure were op-
Then they receded and asked that the
amendment be divided so that one
section could be made to apply to other
officials and other section TO the Judi
ciary. The design OF this request,
made after It was obvious that the
amendment to the constitution would
carry, was SO to cucumber 1t and 90
to divide and distract attention con-
cerning It, that the opponents OF dr.
rect legislation and the recall gener.
ally could center upon the last de-
tense OF the opponents of popular
government the recall OF the Judi
ciary.
People Able 70 Judge.
Those In charge Of the measure de-
clined to divide the amendment. but
presented Il as whole and they did
1t upon the theory that because law
yer was elected Judge, he was none
the less a man. and that II the people
had the ability and the discrimination
and Intelligence TO elect judges. IN
the first instance, they had the power
to reject them ultimately and that n
they had the right and intelligence "a
refuse reelection to a recalcftrant or
incompetent Judge. the same right
and intelligence they had to recall
that recnlcitrant or incompetent Judge,
1t was argued by the proponents 81
the amendment that no weak judge
would be made weaker by the recall:
no strong Judge would be affected q
all and the recall would be a menace
simply to the corrupt Judge.