The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-08-01
Senator Owen of Oklahoma De-
nouuces" High Tribunal For
Reading Words Into
the Statute"
URGES ADOPTION. OF RECALL
Declares Conduct of Judges Would Be
Exemplary " His Law Was Made
Effeetive-Points to Ore
gon as Example.

Washington. ID. c.. Aug. 1.-Severe
criticism of the supreme court of the
United States marked the speech of
Senator owen of Oklahoma, who aid.
vocated before the Senate the adop-
tion of his bill providing for the cleo
ton and recall of federal Judges This
| bill provides that any justice of the
supreme court or any Judge OF any
other United states court shall he sub
ject to recall by a resolution of Con-
| gress; that all district and circuit
| judges of the United States shall be
elected by the voters OF the district or
circuit and that their tenure of office
be for four years.
Answering the contention OF pppo-
| nents of the recall Of judges that the
electorate would not be so conserva-
tive i'm the exercise of the power of re-
call. as would the national legislature
Of the state legislatures, Senator owen
said that the electorate of the Amer
ican states is abundantly conservative
and moves more slowly tnan it's pro-
gressive representatives would move
The people. he maintained, have been
trained TO give the benefit of the doubt
to any one assailed and when i'm doubt
they will always vote no
Oregon as an Example.
Never during their ten years that
the right of recall has existed in ore
gon," said the speaker "have the peo-
nj, III
judge although there Us one case
pending there now, which, undoubtedly |
will be decidedly wisely by the peo-
pie" The reactionary Tory argument
that the people are turbulent, wild and
visionary unduly passionate, compris-
ing an irresponsible mob not nt for
power was held by the speaker to
come with poor grace from those who
hold their honors, dignities and sala-
ries from these same people.
Stress was laid upon the popular
sentiment that senator's should be cho-
sen by direct vote OF the people. The
senator held that IL the people have
intelligence enough to elect senators
and members of the House. they would
not be lacking I'm that quality If 1t
should come to the election or recall
of a judge.
'If the power of recall exists" Sen
ator owen said. 'the conduct of judges
will be so exemplary, so satisfactory
to the people of the United States
that no recall of any federal judgeI
would ever be necessary The moment
the recall went into effect the courts
would promptly discontinue their un-
unconstitutional. The fed
unconstitutional and
grossly improper conduct of declaring
an act OF congress unconstltu-
tional. The federal courts woull
no longer, because of their
views OF public policy. amend
acts of Congress by inserting words In
important statutes which Congress
had refused to insert, as the supreme
court did i'm the Standard oil case and
in the tobacco trut."
Justified by Reason.
The recall, the senator argued, IL
iustined by reason and common sense q
He could not see why any one should v
insist that judge infirm. disabled, u
feeble. decrepit and worn out. should r
not be recalled, except by impeach- I
ment. The recall ne maintained is n n
much milder system tnan impeach- n
ment and may remove a judge without I
disgrace Criticising the courts, the .
speaker said that the fourteenth am
endment, intended TO protect the ne :
gro has been twisted from it's purpose :.
10 protect the trusts and monopolies in
imposing long hours of labor upon en-
ployes on the absurd theory that to
deny the employe the right to work
long hours is denial OF his constitu- n
tlonal privileges" a
The speaker dwelt upon the declar- d
alton OF the supreme court of the
United States that the income tax
law of some sixteen years ago was
unconstitutional. r
"The decision in this case" said the
senator. "by the change of the vote of {
me judge-of one lawyer In this court, v
appointed at whose instance we do not 3
cost the poorer people OF h
he United States siOO,00O.OOO year y
ror over sixteen years. $1,000. 900. 600 In o
III. and relieved those best able tu v
bear the tax of a like amount. What b
better evidence could be afforded of b
he patience, forbearance and conser-
,atism of the people that they have
10 long born patiently with such a de-
,ision?" r