The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-15

the people nave calInly TO consider the
work of a judge for a full term of
years in deciding as to his reelection
generally ensures from them a fair and
reasonable consideration of his quail
ties as a judge.
Bad Judges Rare.
While, therefore, there have been
elected judges who have bowed before
unjust popular prejudice, or who have
yielded to the power of political bosses
these are exceptional, and that, on the
WHOLE elected judges have made a
great American judiciary. But the sue
cess of an elective judiciary certainly
furnishes no reason for so changing the
system as to take away the very safe
guards which have made it success
full.
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 it Is
claimed that nothing but a desperate
remedy will suffice. If the politlcaI
control in such states is sufficiently
Wrested from corrupting corporations
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 impeachment in
which the cumbrOus features OF the
present 1GIAGQS u4ASAAl O6 oNO40O0s O0N
the opportunity for judicial hearing
and defense before an impartial tr1-
bunal might be retained.
Real reforms are not to be effected
by patent short cuts of abolishing
those requirements which experience
has shown to be essential in dealing
justly with every one. Such innova-
tions are certain in the long run to
plague the inventor or first user and
will come readily to the hand of the
nd Y1fa of Cn0iRfV after
the passing of the just popular lndig-
nation that prompted their adoption.
Again, Judicial recall is advocated
on the ground that it viii bring the
judges more into sympathy With the
popular will and the progress of ideas
among the people
1t is said that now judges are out of
touch with the movement toward a
wider democracy and a greater control
of governm agencies in the inter
est and for the benefit of the people.
The righteous and just course for
Judge to pursue is ordinarily fixed by
statute or clear principles 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 re-
moved from the peoples influences.
the judiciary with all the
safeguards possible, create judges by
anDofntment. make their tenure for
life forbid diminution of salary during
their term and still it is impossible to
prevent the influence of popular opin-
ion from coloring judgments in the
long run.
Judges Merely Men.
Judges are men, intelligent, SYM
pathetic men, patriotic r and in
those fields of the law hich the
personal equation unavoie- Y plays a
part, there will be found a response |
to sober popular opinion as 1t changes
to meet the exigency of social, political !
and economic changes
Indeed, this should be So. Individual |
instances of a hide bound 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 treating of courts we are dealing |
with a human machine, liable, like all |
the inventions of man, to err; but we /
are dealing with a human institution |
that likens itself to d divine institution !
because it seeks and preserves Justice /
It has been the cornerstone of our /
free government in which |
the rights of the individual and of the |
majority have been preserved while |
governmental action of the maj ority |
has lost nothing of beneficent progress, /
and directneSS. This balance |
was planned in the constitution by it's
trainers and has been maintained by
our independent Judiciary.
Presidents are cited from state con-
stitutions said to be equivalent to a
popular recall. In some judges are re-
movable by a vote of both houses of the
legislature. This is a mere adoption OF |
he English address of parliament to
he crown for the removal of judges 1t
S similar to impeachment in that a
.Orm of hearing is always granted
Such provision forms no precedent
or a popular recall without adequate |
hearing and defense, and with new