The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-08-09
|C0611lS MUST
| Be INDEPENDENT
Senator Borah Condemns the Idea
Of Recalling the
judiciary
TNv!l
SECURITY Is NEEDED
WITH OUR LIBERTY
Senator From Idaho Opposes the
Reactionaries Who Would
Leave the Courts Subject to
Whims Of the Majority

WASHINGTON, Aug. 4.--Senator
Borah of Idaho. in speech on the
sta tehood bill, in the senate today
vigorously attacked the principle UNI
deriving the recall of the judiciary.
He declared II his deliberate and UNI
compromising opinion" that without
q free and independent judiciary.
popular government would be a
"taunting, tormenting delusion."
The speaker declared that in franz
ing laws legislators should be guided
by q well formed and well sustained
public opinion. The practical wis.,
dom born Of the reflection and ex-
perience Of ninety millions Of people,
he said, was a remarkably safe guide
for law makers. Law makers should
embody in their enactments. as near
as might be, the practical information
Of the railroad owner, laborer, farm
err, banker, merchant. lawyer and the
thousands upon whose integrity rests
the fabric of modern business.
In emphasizing the importance Of
an absolutely independent judiciary,
who should consider nothing but the
terms of law as written, Senator
Borah registered his disapproval Of
judicial legislation.
'If the law be bad law, detri-
mental to the public welfare" he
said. .the people may modify or re-
peal it. But the Judge who legis-
lates, not only violates his oath. but
undermines the basic principles Of
our institutions and opens the door
to injustice and fraud"
MIN royo. UN<,,;c;On,
II am afraid that the principle of
the recaIfsaA applied to judges will
tend to establish the rule of the ma
jority in matters of judicial contro-
versy. 1t will tend to make decisions
bear the color and drift of majority
rule or party domination rather than
be faithful rendition of the law and
the facts.
I'VE sometimes argue that the first
principle of republican government is
| that the majority shall rule That is
| true in making laws and determining
policies, but it has no place in and
will destroy the republic if applied to
the courts or to the controversies to
be determined under the law There
all men are equal. Though the ma.
jority must rule. yet a government
! which has no method for protecting
the rights of the minority is a des-
potic government. l do not care
| whether you call it a monarchy, an
ariStocracy or republic.
"a government which will not
protect me in my rights. though l
| stand alone and against all my neigh
bors is a despotic government. If
| our courts are taught to listen. trained
| by this subtle process of the years, to
harken to the voice of the majority,
| to whom will the minority appeal for
relief if the voice of the majority
controls? If this principle finally
comes to be recognized in the timidity
| of judges, to what power in our gov.
eminent will the isolated, the unfor-
tunate, the humble and the poor go
for relief? Where will those with
out prestige, without wealth or social
! rank go for protection %
One of the main questions settled
| by the English revolution of 1888, he
| asserted. was that the people should
have the right to appeal for protec-
| ton to an independent tribunal Of
justice. "a feeble, timid, obedient
| judiciary has always in the end
| proved to be an incompetent, a cruel
or a corrupt judiciary" said he in
conclusion. when and wherever in
all history you find dependent ju-
dietary, you find that it is the man of
| limited means. the poor man who
suffers-the man who has not the
| wealth to purchase immunity or the
prestige to command DEGREES When
the people have written the law, then
| let us have an Independent Judge,
free from any political fear, to In
| terpret the law as written until the
people re-write it,"