The Washington times., 1911-08-15
STATEHOOD DRAWS
PRESIDENTS VETO,
RECALL THE CAUSE
IN Strong Message to Con-
gress Taft Calls Inno-
vation Dangerous.
Continued from First Page.)

CONTINUED from First Page)
Of the majority in their constitutions
is an admission that it is not always
true. No honest, clear-headed man.
however great a lover of popular gov
ernment can deny that the unbridled
expression of the majority of a COM
munity converted hastily into law or
action would sometimes make a gov
ernment tyrannical and cruel
The judicial branch of the Govern
ment is not representative of a ma
Jority of the people in any such sense,
even II the mode of selecting judges
is by popular election. In a proper
sense, judges are servants of the
people; that is, they are doing work
ment and in the interest of all the
people, but 1t is not work in the
doing of which they are to follow the
Will of the majority except as that is
embodied in statutes lawfully enact
I'd according to constitutional limita-
tions. They are not popular represe-
sentatives. On the contrary, to fill
their office properly, they must be in
Cependent In order to maintain the
rights of the minority and the indi-
Nidual and to preserve our constitu-
tional balance we must have Judges
with courage to decide against the
majority when justice and law re-
quire.
Points Out Defeats.
by the recall in the Arizona consti-
tuition, it is proposed to give to the ma
5ority power to remove arbitrarily, and
without delay, any judge who may
have the courage to render an unpop-
Ular decision. By the recall, it is pro-
posed to enable a minority of 20 per
cent of the voters of the district or
State, for no prescribed cause, after the
judge has been In office six months to
submit the question of his retention in
office to the electorate. The petitioning
minority must say on the ballot what
they can against him in 200 words, and
he must defend as best he can in the
same space. Other candidates are per-
United to present themselves and have
their names printed on the ballot, so
that the recall is not based solely on
the record or the acts of the judge, but
also on the question whether some other
and more popular candidate has been
found to unseat him. Could there be d
system more ingeniOuSly devised to sub
JeCt judges to mOmentary gusts OF pop
ular passion than this? We cannot be
blind to the fact that often an intelli-
gent and respectable electorate may be
so reused upon an issue that 1t will
visit with condemnation the decision of
. just judge, though exactly in accord
with the law governing the case, merely
because it affects unfavOrably their
contest.
No period of delay is interposed for
the abatement of popular feeling. The
recall is devised to encourage quick ac-
ton, and to lead the people to strike
while the iron is hot The judge is
treated as the instrument and servant
of a majority of the people and subject
to their momentary will, not after
long term in which his qualities as
judge and his character as man have
Il. = e r-in
ties of judicial work and duty so as to
furnish a proper means Of measuring
his fitness for continuance in another
term. On the instant Of an unpopular
ruling while the spirit of protest has
not had time to cool and even while
an appeal may be pending from his rul-
ing in which he may be sustained, nc is
tC be hailed before the electorate as a
tribunal, with no judicial hearing, evil
dence. or defense, and thrown out OF Of
flee, and disgraced for life because he
has failed. in Il single decision, 1t may
be, to satisfy the popular demand.
Chance for Bosses.
Think Of the opportunity such a sys-
TEN would give to unscrupulous political
bosses in ContI Ol, as they have been in
control not only of conventions but
elections! Think of the enormous power
for evil given to the sensational, muck
raking portion of the press in rousng
prejudice against just judge by false
charges and insinuatOns. the effect of
which in the short period of an election
by recall 1t would be impossible for him
10 meet and offset Supporters Of such q
system seem to think that II will work
only in the interest of the poor, the
humble, the weak, and the oppressed;
that IL will strike down only the judge
who is supposed to favor corporations
and be Affected by the Corrupting in
1luence of the rich Nothing could be
further from the ultimate result. The
motive 1t would offer to unsCrupulouS
combinations to seek to control politics
in order to control the judges is clear.
Would not self-respecting men we'll
hesitate to accept judicial office with
such a sword of DamOcles hanging over
them? What kind of judgments might
those on the unpopular side expect from
decisions under such legaliZed terror
deteroriate to that of trimmers and
time-servers, and Independent judicial
action would be a thing of the past.
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 limited
number of years and reelection is
necessary. II has been thought and
charged sometimes that shortly before
election in cases in which popular in
terest is excited, judges have leaned
in their decisions toward the popular
side.
While, therefore, there have been