The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-08-08
AGAINST RECALL or JUDGES.
strong speech Delivered by senator Root
OF New York.

WASHINGTON. Aug. 1.-TWO strong
speeches we're delivered In the Senate
to-day against the recall Of the judiciary,
one by Senator Root and the other by
Senator Borah OF Idaho. Both Senators
were speaking against this feature In the
Arizona Constitution now pending before
| the Senate.
Senator Borah's speech was a surprise
| and disappointment to his insurgent Re-
publican colleagues. Mr.. Borah. who is
| regarded as one Of the ablest lawyers In
tho Senate. was tho first prominent in
surgent in that body to come out against
the judiciary recall proposition. and he
was supported later in the afternoon by
Senator Crawford OF South Dakota.
another progressive. and by Senator
Nelson OF Minnesota. who has been voting
with the insurgents recently.
Senator La Toilette and other Senate
insurgents who are supporting the propo-
sition, took comfort. however, in q speech
by Senator Poindexter of Washington In
favor of the recall as applied to judges.
Senator Root said he believed the
trainers OF the Constitution acted wisely
in providing that Justices of the Supreme
Court should hold their offices during
good behavior. He added that he would
favor the election OF State Judges for a
long term Of years and have them chosen
at time when no other election was
being held. Federal Judges should stand
apart and aloof. he said, from those
things controlling men in the political
AFFAIRS Of the nation.
He said that no member OF Congress
could escape the responsibility in voting
on the admission Of the new Sta tes OF
expressing an opinion upon the proposal
that Judges shall be liable to recall by
popular vote. The Senator added:
What We say here 10 OF little conse-
quenoe. What We do here is OF vast
Importance to the people Of our country
and to the development OF our system OF
government" Commenting on how the
recall would work. he said:
1t amounts to this. that at any time
after a period OF six months one-fourth
OF the persons who voted at the last cleo
ton in a judicial district may by signing
and filing a petition deprive any judicial
officer OF the right to his Office. The
mere filing Of a petition by one.half OF
the men who voted against a Judge sets
Of ss sh hts to Ss oos ses s
PEELED to seek q new title in another
election and in that election must de-
fend his course and justify his conduct
on the bench; but he has furthermore
to enter into a contest as against the
popularity. merits and claims to recog-
milton not only OF one but Of any number
OF opposing candidates.
Il do not envy the men who prefer the
uncontrolled rule OF ma ajorty. free from
the restraint which we have imposed upon
ourselves under the system OF orderly
government that We have now estab-
lished." Senator Root continued. Il do
not envy the men who would rather have
the French constituent convention con-
trolled by Murat and Danton and Robes
pierre than TO have Supreme Court pre-
sided over by Marshall; who would rather
have conclusions on a question OF justice
reached by a popular election on the basis
OF newspaper reports than TO have tho
impartial judgment OF a great court. l
do not envy the men who see nothing in
John Adams defending the British soldiers
gainst the protest OF his neighbors and
friends and countrymen after the Boston
massacre. Rather would feel that my
country loves justice and possesses that
defined power OF self-restraint without
which the man remains the child. the citi-
zen remains the savage and the COM
munity remains the commune"
Senator Borah's speech will be found
on the editorial page.