Perth Amboy evening news., 1911-08-16

-
the judges would deter1orate to that
OF trimmers and timeseryers. and in
dependent judicial action would be a
thing of the past. AS the possibilities
Of such a system pass in review 8 1t
too much to characterize 1t as one
which Will destroy the Judiciary, It's
standing and it's usefulnessf
The argument has been made to
Justify the judicial recall that It Is
only carrying out the principle Of the
election Of the judges by the people.
The appointment by the executive is
by the representative Of the majority,
and so far as future bias is concern
ed there is no great difference be-
tween the appointment and the cleo
ton of judges. The independence OF
the Judiciary is secured rather by a
fixed term and fixed and irreducible
salary. 1t is true that when the term
Of Judges is for a limited number Of
years and reelection is necessary 1t
has been thought and charged some
times that shortly before election in
cases in which popular interest is ex-
cited judges have leaned IN their deci-
sions toward the popular side.
As already pointed out, however, In
the election of judges for a long and
fixed term of years the fear Of popu-
lar prejudice as a motive for unjust
decisions is mInimtzed by the tenure
on the n hand, while the opportu-
nifty which the people have calmly to
consider the work of a judge for a
full term Of years in deciding as to his
reelection generally insures from
them q fair and reasonable considera-
ton of his qualities as a judge. While,
therefore, there have been elected
judges who have bowed before unjust
popular prejudice or who ave yielded
to the power of political bosses in their
decisions, | am convinced that these
are exceptional and that, on the whole,
elected judges have made a great
American judiciary. But the success
Of an elective judiciary certainly fur
nishes no reason for so changing the
system as to take away the very safe
guards which have made 1T successful
Attempt is made to defend the prin-
ciple of judicial recall by reference to
states in which judges are said to
have shown themselves to be under
corrupt corporate influence and in
which 1t is claimed that nothing but a
desperate remedy will suffice. If the
political control in such states Is suf-
fciently wrested from c~orrupt1ng cor
porations to permit the enactment Of
a radical constitutional amendment
like that of judicial recall it would
seem possible to make provision In its
stead for an effective remedy by i'm
parchment, in which the cumberOus
features of the present remedy might
be avoided, but the opportunity for
judicial hearing and defense before an
impartial tribunal might be retained.
Real reforms are not to be effected
by patent short cuts or by abolishing
those requirements which the expert
ence of ages has shown to be essential
IN dealing justly with every one. Such
innovations are certain in the long run
to plague the investor or first user and
will come readily to the hand of the
enemies and corrupters of society after
the passing of the just popular fndig-
that prompted their adoption.
Again, judicial recall IS advocated
the ground that it will bring the
judges more into sympathy with the
will and the progress of ideas
among the people. 1t is said that now
Judges are out of touch with the move
ment toward a wider democracy and a
greater control of governmental agen-
cies in the interest and for the bene-
fits of the people. The righteous and
Just course for a Judge to pursue is or
dinarily fixed by statute or clear prin-
ciples of law, and the cases IN which
his Judgment may be affected by his
political, economic or social views are
infrequent,
But even In such cases Judges are
not removed from the peoples iniu-
ence. Surround the judiciary with all
the safeguards possible, create judges
by appointment, make their tenure for
life, forbid diminutiOn Of salary during
their term and still 1t Is impossible to
prevent the influence of popular Opin-
ion from coloring judgments in the
long run. Judges are men-intelhgent,
sympathetic men, patriotic men-and
in those fields of the law in which the
personal equation unavoidably plays "A
part there will be found a response
to sober popular opinion as it changes
to meet the ~exigency Of the social,
political and economic changes.
Indeed, this should be. Individual
Instances Of a ~hidebound and retro
grade conservatism on the part of
courts in decisions which turn on the
individual economic or sociological
views OF the judges may be pointed
out, but they are not many and do
not call for radical action. In treat
ing OF courts we are dealing with a
human machine, liable like all the in
ventions of man to err, but we are
dealing with a human invention that
likens itself to a divine institution be-
cause it seeks and preserves justice.
1t has been the cornerstone of our
g~loriously free government, in which
the rights Of the individual and OF
the minority have been preserved,
while governmental action of the ma
jority has lost nothing of beneficent
| progress, efficacy and directness. This
balance was planned in the constitu-