The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1911-07-29

terprises, for which, have no doubt,
the enlightened composite" citizen
ship of Oklahoma would, II they had
the opportunity, commit them TO the
county Jail as a gang of nonprogres-
siye, standpat aristocrats.
Against these criticisms of the Con-
stitution by this American senator
would put the strong words of the
great English commoner, who descrb-
ed 1t as the most wonderful work
ever struck off at given time by the
brain and purpose of man." Against
the petulant view of this American
Senator, that this learned. courageous
and patriotic court should be made
responsive. by means OF the recall. 10
the changing moods Of the majority, I
would set the vigorous statement of
another Englishman, Mr.. Bryce, VINO
said.
"The Supreme Court is the living
voice of the Constitution that Is. Uf
The will OF the people expessc1 in
the fundamental law they have enact
ed. 1t is, therefore, as some one fas
said, the conscience of the people.
! who have resolved to restrain them
selves from hasty or unjust action by
placing their representatives under
the restriction Of a permanent law. Il
is the guaranty Of the minority, who,
when threatened by the impatient We
hemence of majority, can appeal to
this permanent law, finding the in
terpreter and enforcer thereof in
court set high above the assaults of
faction
| ITO discharge these momentous
| functions the court must be stable.
even as the Constitution is stable. Its
spirit and tone must be that of the
people at their best moments. 1t must
resist them the more firmly, the more
/ vehement they are. Intrenched behind
impregnable ramparts, It must be able
to defy at once the open attacks of the
other departments of the government
and the more dangerous, because i'm.
palpable. seductions of popular sent
nent."
Against all such wild and visionary
demands for the popular recall of the
judges ] would print in letters Of liv.
ing light the strong words Of Chief
Justice Marshall:
THE judicial department comes
home, in its effects, to every mans
! fireside; II passes on his property, his
reputation, his life, his all. Is II not
to the last degree important that he
should be rendered perfectly and com.
pletely Independent, with nothing to
influence or control him but God and
his conscince?"
Sir. hope ! am not given to over
extravagant statement, but | declare
my solemn conviction that the mo-
ment provision for the recall of the
judges of the Supreme Court shall be
written into the Federal Constitution,
that moment will mark the beginning
of the downfall of the Republic and
the destruction of the free institutions
| pf tho American naonla
And now, Mr., President, what is to
be the next step in the onward
march? VIII it be to apply the refer
endum to judicial matters? Why not?
Ii laws can be made by the simple
formula of counting heads at the bal
lot box. why not laws construed and
questions OF fact unraveled by the
same infallible method?
Such device would seem to be the
fitting complement of the recall. When
a court is confronted with a parti.
cularly perplexing case in which there
is great popular interest and warm
public feeling, where the precedents OF
the law and the sentiment of the PEG.
pie are both conflicting, and the poor
Judge is driven to his Wits end to
harmonize the one and accurately In,
terpret the other, instead of putting
him to the uncomfortable alternative
of rendering a judgment which, how
ever satisfactory to himself, may no,
meet the preponderating fancy OF the
multitude. surely he might have tn,
benefit of the ballot-box opinion be
fore instead OF after he has decided
This may result in more or less dis
appointment to the losing litigant; 1
will result in good deal OF uncer
tainty respecting the law hut tn,