The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-05-27
RECALLING JUDGES.

Arizona would come into the Uni
ted States having provision in its
charter permitting the recall Of
judges.
In congress some OF the Democrats
favor the admission Of Arizona, while
opposing this new scheme OF judicial
government.
Some OF the progressive" Republi
cans favor this new freak OF me
spirit Of unreasoning reform.
We are protesting now because the
supreme court of the United States
in the Standard Dol decision has
legislated the word reasonable
into the Sherman antitrust law. The
Sherman law forbids combintions
in restraint of trade. The supreme
court OF the United States prevents
combinations that are in unreasonable
restraint of trade. That court will
permit reasonable restrnai OF trade
The supremee curt the United
States evidently reserves to itself
the right OF a trial of the fact wheth.
er restraint is resonabl or unreas-
enable.
There is much objection on the
part Of the people to the supreme
court Of the United States going into
the business of legislation We are
against one department OF the govern
ment usurping tae right Of another
coordinate department. ~!
II seems to us that the people OF
Arizona should urge the same OBJ
lection to the legislature invading the
rights OF the Judiciary by placing
the judiciary on trial every time It
renders a decision
It is not the business of the cour.s
to decide question according to the
will OF the people, but according to
law and justice.
Law is what Is written In the BOOKS
and justice is the expression of the
right or wrong, fixed by custom and
nsages Of our civilization.
A majority in republic may have
the right to rule. "A majority must
have the right to rule, but the ma
Jority itself may not always rule
right,
A court subject to recall will be
a political court. 1t will have aDou,
as much dignity ana firmness a.
election officers appointed by tri
umphant party or commission ap,
pointed by dominant faction.
Judges may be impeached for be
ing corrupt. The law OF every state
provides ways and means of DEALING
with bad judges.
But il courts must take into con
sheraton the frame of mind OF tn,
public, when this public may be lash
ed into fury by demagagues, falls,
leaders, or false newspapers, tnel
indeed will courts soon become tn,
mere messengers Of an infiamet
populace.
Some of the great triumphs of tn,
Judges in England have been through
standing out bodily against the kin,
for and In behalf Of the people, o
for what they conceived to be right
and II will be Just as much a credi
to stand out against the people 70
what that court believes to be right
II we are To have law. the law mus
have freedom Of action. If we ar
to have good judges, they must loo
to the law as 1t is written and &
right ais II is laid down in ethic
and m morals, and to nothing else.
There are times when there ma
be a tyranny of the people as wei
AZ a tyranny OF the king. The per
pie should not be the servants of tn
Judge, nor should the Judge be tn
servant of the people. The iudg
should be the servant OF the law a
ed by his educated conscience.
The people, fn their hearts, are NO
sopposed to orr Judges. The laws 3
tho United States provide for tn
impeachment Of federal judges, Blu