The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-05
THE RECALL OF JUDGES.

political proposition which suggests, or
invokes, the recall of Judges. Natur.
ally the Bar Association is sduarely op.
posed TO that proposition. The asso.
citation seems 10 think that the recall
as applied to judges would be men
ace to the probity and independence
of the judiciary,
But, there is no proposition TO re,
call the Federal Judges. There is. in
fact, no way TO do il so far as a pop.
ular proposition is concerned The peo
pie cannot recall the Judges of the Fed.
eral District courts. and this is for.
tunate thing too. For, applying the
suggestion at home, we have here a
Federal District Judge who is a Demo
crat in politics. but is no politician
whatever on the bench. He is clear.
minded. straightforward iurist, having
no politics so far rs his judgments are
concerned. and ignoring altogether all
political or other bias in any question
that comes before him And vet there
can he no question but that the Fed
eral bunch in this State would recall
HIM If it were possible TO do So simply
because he is a Democrat, aud in order
10 let ono Of their own tools have the
place. This, we take it, is conclusive
against the idea of the recall of Fed.
eral District Judges When il comes
10 Federal Circuit Judges, the iuris.
dictlon Is so wide, involving so many
hot ha "a
recall is impracticable. When it comes
TO the United States Supreme Court.
tho people of the whole country in a |
popular recall would have to be ioined |
This, also, is altogether impractica.
bic. So that the recall of Federal
Judges is absolutely out of the aues-
ton: and, in fact, has never been pro.
posed The only proposition is TO re.
call State Judges, and as to that it is
our opinion that every State should be
allowed to act for itself in that mat
ter III Arizona wishes to recall her
Judges, that has nothing to do with
the people Of Utah. and the people of
utnh have nothing TO do with that re.
call Every State should conduct IFS
internal affairs TO suit itself: and
there IS no reason why one State should
get eXcited about what another State
wishes TO do with regard to the recall
OF ITS Judges. or anything else for that
matter, so long as the constitutional
requirement is preserved, that the pco
pie arc assured n republican form of
government
But, aside from the proposed pop. ;
llar recall of Judges, which is all
owed in Oregon, and is about TO he
allowed in California, and which the S
people of Arizona proposed TO allow. +;
here Is already a form of recall in j
he constitutions of a considerable mum. I
'er of States, Utah included. which in |
'ur judgment, is far worse than the {
PROVISION for the popular recall of c
udge. We refer to the recall which [
provided for in Section II. article S. {
y the constitution Of Utah. which pro I
ldes FOR the removal Of Judges bv the o
oneurrent vote of both houses of the I
legislature, two-thirds of each house CON c
urring. According to this provision n
here need be no charges against any {
ndge, there need be no allegation that r
e has done anything wrong, or that S
e rs unfit In character. learning. or n
emperament, to be Judge. The lepis. II
ature' through any wbim. impulse. or {
olltlcal motive, can remove the iudoo a
y concurrent vote as provided, with. G
III any reason assigned Now. we had
4 this State last winter a leaisIatnro
D subservlent TO the Federal bunch,
hat 1T was openly stated on the floor y
the House in respect 10 liquor p
'gisiatIon, that what was STYLED ..tbc !.
iflclal bill had not been received Inv q
be legislature from those who wore 6
opposed TO be preparing it (meaninp
nc Federal bunch), but that when IL n
ia appear 1T would be known by ;ts =,
'rmarks 1t did appear; il WAS known .,
IT'S earmarks, and was promptlv 81
assed Now legislature Ike that .,
Adowed with the power 10 recall . m
idge by twothirdS vote in each GO
ouse Is a dangerous menace TO the Fl
nbiic integrity and welfare. Thorn -,
IN be no doubt but that if anv Demo. m
attic nudge had been in office in tbis Ia
tate, either on the District or Su. Fl,
RENE bench, that Judge would have f.
zen recalled by the legislature at the q,
'ook OF the big boss's finger If that n.
oss had any suit, or if any interest of :,
IS had been involved in court pre. Of
aed over by Democrat. there wopId Ia
ave been no doubt but that he wouId :,
ave desired ths movement of that ef
emocrat, and that the Legislature n
ouid have promptly removed the =,
dge at his bchest. This sort of rc. b;
u we consider to be immensely more N
'rilous TO the people and 10 the in.
elary than the recall by the peonle ~,
Or, a legislature can be handled 90. ir
ety. can be bossed quietly; IL can 81
eeive ITS orders, and no one exeept IN
ose involved know where those or. be
RS come from, and such q legislature ~