Perth Amboy evening news., 1911-08-16

10 DLhANAAcA - 49,
the fundamental law-L O., the consti-
tution-the seeming statute was not
law at all, was not binding on the
courts, the individuals or any branch
Of the government and that II was the
duty Of the Judges 80 to decide. This
power conferred on the judiciary in
our form Of government is unique in
the history Of governments, and its op-
Grafton has attracted and deserved the
admiration and commentator Of the
world. 1t gives to our judiciary a po-
sitiOn higher, stronger and more re-
| sponsible than that Of the Judiciary of
any other country and more effectively
u an adherence to the funda-
mental Will of the people.
What I have said has been to little
purpose if It has not shown that judges
to fulfill their functions properly in
our popular government must be more
independent than in any other form
of government and that need Of indie
pendenCe is greatest where the tndtvid-
ual is one litlgant and the state, guided
/ ny LlC GuONCSSlbl anu bONNAAA1AS H'
Jority, Is the other. In order to main
tain the rights of the minority and the
individual and to preserve u consti-
tutional balances we must have Judges
with courage to decide against the
majority when justice and law re
quire.
By the recall in the Arizona c0nstttu-
ton it is proposed to give the major
ity power to remove arbitrarily and
without delay any judge who may
have the courage to render an unpOpu-
lar decision. BY the recall 1t is pro
posed to enable a minority of % per
| cent of the voters of the district or
state for no prescribed cause after the
| Judge has been in Office six months to
! submit the question of his retention
In office to the electorate.
The petitioning minority must say on
the ballot what they can against him In
200 words, and he must defend himself
as best he can In the same space. Other
candidates are permitted to present
themselves and have their names print
ed on the ballot so that the recall is
not based solely on the record or the
acts of the judge, but also on the
question whether some other and more
popular candidate has been found to
unSeat him.
Could there be a system more in
geniousIy devised to subject judges to
momentary gusts Of popular passion
than this? We cannot be blind to the
fact that often an intelligent and re-
spectacle electorate may be go reused
upon an issue that 1t will visit with
condemnation q just Judge, though
exactly in accord with the law gov
erning the case, merely because it af-
fects unfavorably their contest. Con
troversies over elections, labor trOu-
bles, racial or religious issues, issues
as to the construction or constitution
atty of liquor laws, criminal trials of
popular or unpopular defendants, the
removal of county seats, suits by in
dividuals to maintain their constitu-
tiOnal rights in obstruction Of some
popular Representatives. and many
other cases could be cited In which a
majority of a district electorate would
be tempted by hasty anger to recall a
o~nocteHtIVus JgIige II ~ ykEot8wa| |
we're open al the time.
No period Of delay Is interposed for
he abatement Of popular feeling. The
is devised to encourage quick
action, and to lead the people to strike
while the iron is hot. The judge Is
as the instrument and servant
Of q majority of the people and sub
tect to their mOmentary will, not for
a long period in which his qualities as
a Judge and his character as a man
have been subjected to a test of all the
varieties Of judicial work and duty so
as to furnish a proper means of meas
uring his fitness for continuance in
another term. On the instant Of an
unpopular ruling. while the spirit of
protest has not had time to cool, and
even while an appeal may be pending
from his ruling In which he may be
sustained, he Is to be hailed before the
electorate as q tribunal with no ju-
dicial hearing, evidence or defense and
thrown out of office and disgraced for
life because he has failed In a single
decision, it may be, to satisfy the popu
lar demand.
Think Of the opportunity such a sys-
TEN would give to INSCRIPTIONS politi-
cal bosses in control as they have been
in control not only Of conventions, but
elections. Think Of the enormous
power for evil given to the sensational,
undertaking portion Of the press in
rousing prejudice against q just Judge
by false charges and insinuation, the
effect Of which IN the short period of
an election by recall, it would be i'm
possible for him to meet and offset.
Supporters of such a system seem
to think that it will work only in the
interest Of the poor, the humble, the
weak and oppressed; 1t will strike
down only the judge who Is supposed
to favor corporations and be affected
by the ~corrupting influence Of the rich.
Nothing could be further from the uI-
innate result. The motive 1t would
offer to INSCRIPTIONS combinations tC
seek to control politics in order to on
troll the Judges IS clear.
Those would profit by the recall
who have the best opportunity Of rous-
ing the majority of the people to &C
ton on a sudden impulse. Are they