American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1911-08-24
A MODERN CLASSIC.

The address OF Senator Borah, 1t
seems to the Press. in opposition
to the recall of Judges provision in
the Arizona constitution, is IMAM
swerabie. Its forcefulness has at
tracted favorable comment through
out the country, and has put the
matter In q new lgiht to many. 1t
IL given practically In full below and
is we'll worthy of a careful reading
by everv thoughtful citizen.
Mr.. President: l maintain that In
writing a law, In placing upon the stat
ute books a guide or rule OF action for
men we ought to listen closely to the
instructions OF a well formed and we'll
sustained public opinion. am aware
that the complex and involved conditions
Of modern questions require much study
and long training upon the part Of the
successful legislator. BIT this Is only
a part OF the equipment and only q part
II that which should 20 into the law.
Upon no question with which we deal
here can we afford to ignore that whole
reflections and experience Of ninety mil
Hons OF people. II Is a remarkably safe
guide. II has served this country well
TO determine upon a policy. II has In it
something OF that strength, that saving
common sense. that intuitive sense OF
side Of the great forum where men gath
or wisdom In the actual struggle for ex-
istence. The law should embody In It's
aud more profound insight OF the trained
LEGISLATOR. but 1t should embody as near
" as may be the practical information OF
bui ker and the farmer. the merchant
and the lawyer and tho countless thou
sands upon whose integrity and indus
ern business, and out OF whose expert
ence must come also our humane and
beneficial policies.
Constituting the Law.
But after the law is written the man
constructs 1t and by It's terms meas
ures out TO each citizen his duty or
MS obligation. should consider nothing
but NE terms OF the law as written. He
mas nothinn TO do with its l~eniency or
us harshness. It's wisdom or its unwis-
dofn- He Is not to consider the effect
n It's enforcement unless 1t be when
ihere is doubt as TO It's terms, lie can
not consider his o~n interest, he cannot
seek the advice of friends. and he can
serve the people IN no .otherway than by
Ialthtullv constituting the law which the
people through the luwlnaking depart
lnent have written. Though the public
welfare. the public interest or public sens
timent seem to be on one side and only
me legal rights of IN humble. obscure
cisizen upon the other. his duty In still
the same; He Is an unworthy judge II
- V'ft Nitt+ It IHu6t ltDly
10 gu Influences. be they private or
public, az the chief justice Of England
replied to the ENGLISH king who sent
before rendering his decision: when
the cause Is submitted | win decide as
neeomes the chief Justice of England"
y the law Is u bad law. detrimental to
the public welfare, the people may mod
ny Il or repeal II. But tho judge who |
not only violates his oath
our Institutions and opens the door to
and fraud.
The most naltry being who smiles
rnmen Is the judge who seeks to To-
safe the popula side of a j~ustlcjal con-
TN man OF small fortune.of lin
.ted means Win always suffer in n con-
Test with Influence IN such a court. In
stead OF u trial he win get deinurrers,
.nd postponenents, costs. and that delay
y listice. How many lawyers, repre-
senting q poor or obscure client. have
'elef u I could be said Of him, This
Judge before whom YOU are going will
iecide absolutely as he sees the law.
The Influence of your antagonist win
lot affect him" Unless a Judge is cor
.upt. or In some such way at fault,
when things may always be dealt with
when he taxes his oath t hhm 20 10 4 W
ervo the time for which he has been
ieeted or chosen. l want him to fee
nd know for that length of time he
an walk unafraid In constant company
nth his own conscience and follow
'ithout fear the light of his own Intel
Distribution Of Justice.
The distribution of justice is the
iost solemn and most difficult task
men government imposes upon men
iuinan nature Is weak for the task at
'est. Remembering this we should NOT
hpose upon those who are called to
nus nigh service our selfishness. our OBJ
actions. our prejudices unrestrained by
heir oath or by their obligations, un-
teadled by their sense of responsible
y. we should rather brace and prop
To perform. In a way hest calcula-
20 TO inspire courage. confidence and
ldependenoe; IL is my deliberate and
compromising opinion that without n
untrammelcd. Independent Judiciary /
opular government. the government or Ii
10 people. for the people and by the
Drmenting dcluslon. That government. 4
do not care whether YOU call n d 1
lonarehys an aristocracy or a republic. e
fueh VIII not protect me in NV rights h
louSh stand alone and against all 1
~ helkhhors. Is a dVSpptic government. n
cur courts are taught TO listen. n
e4ts. TO barker 10 tine voice az the mas y
'rity - Nlou win the minority apncal y
. Fenst Y the voice of the majority O
,ntlols N teis principle fipallv coutos "
, pe f~eVVgui4ed Ia tie tiwi1ity OF ius- n
A, Nsfht ElNCr IN eur government ~
u7 ls3'asei TIN unfortunate, he al
'Hlule p the poor 10 FOR rfif,f9 Il
"eff WA chose without prestige. VIM n
= fs"th oi social fsnl, 80 for pr0tee- of
sreeress % Nos Change. pi
~ ls easy, Ar President. ln olr yeni Na
put teta sfd under tho guise of pon-
q. b9Ne4ntnent things Walch win ch3l-
Ne sanencss aud ~praetlcability of ia
"Nts movement aud thus hrine dis M.
~ ana lefeat TO great and tmpottnrt ~
$50 8 Il Is Indispensable 10 the cue pl
= = VI EFFORTS TO secure results for fsr
e people that we should dI~stinaufsh ~
ei times m proposed changes between 10.
ara tAnetience has proven to be he
a ana that which experience has nro- crc
70 De good. We must not mistake we
: mere spirit oof reckless change for no
= tiloes or progress. The intellectual 40,
= ,ai or a single decade is too small nIs
"a Wnich To proceed TO the business ~.
cnanging the Fundamental basis ~ ~,
mia ,indeht-we must add to It the ac- the
a splendid movement for hetser yu,,
'e.hnent has become surfeited with Tho
excess or ecstacy and thus s1rfeited az
Ken and so die 1t requires lust as nal
cH yudgfnent, GOODNESS and persIsten- Inc
Juft Az RhFQuI aal 49, itt