Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-08-12
RECALL FIGHT IS
ON N THE SENATE
Borah, Opposing Recall OF Judges, De-
nounces Departments For Re-
moving Federal Jurists.

4 HfSstH8 FCACt al 1QTiSLSs
washington. D. c., Aug. S.-Thar
there has arisen In the last few years
a quiet, subtle way Of getting rid OF
federal judges was a startling deciar
/ alton made in the debate on the Ari
zoDaNew Mexico statehood resolution
by Senator Borah, OF Idaho. in oppos
| ing the judiciary recall.
| He asserted that the executive de
paFtments had found a way of hay
ing federals judges removed If theiT
opinions did not suit the department
| heads.
Il am opposed to private as we'll as
to public recall of Judges he said
but if there is to be any recall wan.
it to be public and open, not subtle
and behind doors. II the people once
learn that their judicial system is in
ffuenced by political considerations
they will demand to hold the string
themselves"
Senator Borah, of Idaho, vigorously
attacked the principle underlying the
recall of the judiciary. He declared
1t to be his deliberate and uncom-
promising opinion" that without a
free and independent judiciary, popu.
lar government would be "a taunting,
tormenting delusion.s
He declared that IN framing laws
legislators should be guided by a
well-formed and welLsustained public
opinion. The practical wisdom born
of reflection and experience of 10000.
900 people, he said, was remarkab ably
safe guide for lawmakers Laws
should embody in their enactment, "a
nearly as might be-. bA added, the
practical information eff the railroad
owner, laborer, farmer. banker, mer.
chant, lawyer and the thu rsands upon
whose integrity rests, tie fabric of
modern business.
In emphasizing the importance Of
absolutely independent judiciary,
who should consider nothing but the
terms of the law as written" Senator
Borah registered his disapproval of
judicial legislation.
"If the law be bad law, detri-
"the people may modify or repeal it.
But the judge who legislates not only
violates his oath, but undermines the
basic principle of our institutions
and opens the. door to injustice and
fraud.
II am afraid that the. principle OF
the recall, as applied to judges, will
tend to establish the rule Of the ma
jority in judicial controversy 1t will
tend to make decisions bear the color
and drift of of majority rule or party
In domination rather than that of a
faithful rendition of the law and the
facts.
I'VE sometimes; argue that the first
people of democratic or republican
government is that the majority shall
rule. That is true i'm making laws
and determining policies. but it has
no place in and will destroy republi-
can government II applied to the
courts or to controversies to be de-
termined under tire law. There all
men are equal.
"a government which will not pro
tect me in my rights, though | stand
alone and against alt my neighbors,
is a despotic government. II our
courts are taught tn listen, trained by
this subtle process of the years, to
hearken to the voice of the majority.
to whom will the minority appeal for
relief?
IF the voice OF the majority con,
trolls, If this principle finally comes to
be recognized in the tiuidity 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 without
prestige, without wealth or social
rank go for protection?"
Senator Root declared that in many
cases upon which courts were called
to deeide-Questions of a criminal,
political. religious. social and eco
homie character-great popular feel
| ing was aroused. He held that popu-
lar recall OF judges would mean thai,
while 'the judge would be supposed
| to decide the case b. the evidence
he himself would be judged by the
newspaper reports of the case. neces-
sarily brief and partial"
Newspapers, he said, were looking
for the sensational and spectacular
features" of trial, and that the peo
pie formed their opinions largely from
these accounts.
/