The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1911-08-19
THE RECALL OF THE
JUDICIARY.

/ Inc PRESIDENT OF the UnlLed
States has put his veto upon the
bill Of Congress, admitting to state
hood the Territories of New Mex
leo and Arizona, because of the
clause authorizing the recall of
the judiciary inserted in the pro-
posed constitution Of Arizona. For
this act all sincere and intelligent
lovers Of law and order, will earn
estly thank the President, recog-
nizing in him the courageous pa
triot, the exalted statesman, the
valiant guardian Of the life and
welfare of the nation.
The adoption Of the recall Of
the judiciary, Mr.. Taft declares,
is nothing short of an attempt to
compel judges to render their de-
cisions ''under legalized terror
ism. AS a measure of govern
ment, he further tells us, the recall
cannot otherwise be viewed than
as pernicious in it's effects, destruc-
tive Of independence in the judici-
airy, injurious to the cause of free
government, destined ultimately
to beget the subsection of the
rights of the individual to the
tyranny of a popular majority.
Nothing so denunciatory Of the
principle of the recall Of the judi
ciary, nothing SO cogent and ex-
haustive in adverse augmentation
against it, has heretofore been Of
fered to the perusal of the Ameri-
can people. The message of Mr..
Taft will be retained in American
literature as the classical refuta-
ton Of the principle Of the recall
Of the judiciary, and will, let us
fervently hope, deter in the future
all commonwealth within the
4 American Union from attempts to
disgrace their statue-books with
such piteous and socialistic legis-
lation as the constitutional conven-
ton Of Arizona was willing to ap-
prove and adopt.
The. judiciary is the palladium
of rights-rights Of the individual,
whether the poorest and most
humble, or the wealthiest and
most potent-rights of the social
: organism and of constitutional
government. Calm in it's thoughts
the judiciary should be, lofty in
it's majesty, untarnished in it's mo-
tives, skilled in Jurisprudence,
fearless in speech. And now, if
the principle Of the recall pre-
walls, the judiciary must bend to
Infatuated winds of popular pas
sion, borrow wisdom from an ex-
: : cited populace, incline the scales
.. Of eternal justice according as an
;, inexperienced, reckless crowd
casts to one side or to the other
) fattery or menace. With the re-
f call in prospect, the appeal is to
f mobocracy, not to high-prlncipled
, and disinterested justice.
To-day in America the peril is
the madness of democracy. De-
mocracy is the foundation stone of
our social and political structure.
, But that the structure stand erect,
, the foundation-stone must be pro-
/ perly set, the underlying strata of
: stone or gravel strong and firm,
Q the cement consistent and well
. graded in texture. Else, unstable
t are the walls, unsupported the
a roof. Democracy, the will Of the
: people, rules in America; but in
e conditions that preclude fits OF
5 passion, hasty judgments, exposi-
/ tions of ignorance and inexperi.
D ence. Hence the checks to the pop
t ular will, so wisely devised by
$ the Fathers Of the Republic
e Hence an independent judiciary
t and representative assemblies
O where men sit in calmness and
d leisure to speak for justice and for
) country, as enlightened minds,
b and sublimated motives inspire
o and order. Now all this is to be
a altered: the crowd, thoughtless
a amid temporary excitement and
n lack of knowledge, is the dictator
e to Judge and make law. Upon
0 the petition Of a small percentage
Y of the voters at late election
/ judges. and lawmakers, decisions
y and DEGREES, are cast into the
e throes Of a popular election, as il
: judges and lawmakers had nought
r to heed, save the ever-changing
: waves Of popular favor the favor
o of a small minority, made up,
n often, Of voters who at the polls