The Birmingham age-herald., 1911-12-08
At Sovereign's Caprice

At Sovereign's Caprice
 "A recent writer in Pearson's magazine claims that the judges should be subject to recall in order that they may be de- pendent on the people. The question is asked. Is there any merit whatever in a judiciary that is independent of the people,? My answer is that for over 500 years the people from whom we derived our laws-our English ancestors-strug- gled to free the judges from the control of the sovereign. The power of the King to Influence and control the Judiciary led to the English revolution and to the bill of rights. In this country the only sovereign we recognize is the people Yet we are asked to put the judges in the same position in this country which our ancestors struggled against for centuries The theory then was that a judge in the discharge of his official duties should not be dependent upon the power by which he was created-his sovereign, the King. The same position was the theory of our fathers, that a judge in the discharge of his important functions should be eoual- | ly free from the power to which he owes his election and his honors-the only sovereign we recognize, the people The power of King to influence or intimidate a judge is no more dangerous than the power and tyranny of an unrestrained majority
 Tt is claimed that the system of recall l recently adopted in California finds it's | Justification in the undue power and in- i huehce exerted oyer the judiciary by great railroad corporation in that state. Yet the same majority by which a recall ] would be made effective could elect a | judge free from such improper influence
 "The magazines are filled with articles i'll favor of the initiative and recall writ ten by men who have no conception of the true theories of our government. and Whose purpose Is to attract attention by | sensational statements and alluring head | lines.
 1 "One sucn writer recently declared that no improvement in government had been made except by experiment. He over | looked the fact that direct legislation by the people is not an innovation or untried experiment, but was tried in the past and found by experience to be icompati- | ble With security of person or property | and subversive of the liberties of the people.
 Would Hamper Expression l "The messages of the governors of the various states, heretofore characterized by boldness and independence of thought and useful suggestions, resulting in so much wise and beneficent legislation would large ly cease to express their earnest and sin- [ come merely register of popular passion or prejudice and the suggestions of im- practical theorists-the transient and mis- directed forces of popular opinion
 Tt Is established by the, experience of every section that until abuses become intolerable, the demands of personal af- fairs are too absorbing and the burdens of that public duty which citizenship in- poses upon the individual are too heavy { or exacting to permit more than a mere perfunctory interest in public matters. In my Judgment, therefore. the efficient cause | Tor the larger part of our political ills and Of the rlsgovernment we may endure, or the treason that may develop in leg 1 islative bodies. lies in the indifference of 1 the people themselves and not in our failure to confer on them the power to directly participate in the making of the laws.
 Whenever the people are aroused and