Weekly journal-miner., 1911-08-23


 removal of county seats, suits by in dividuals to maintain their eonstitu- tiOnal rights in obstruction of some popular government; these and many other eases could be cited in which a majority of a district electorate would be tempted by nasty anger to recall a conscientious judge if the oppOrtun- ity were open all the time. No period of delay is interposed for the abate- ment of popular feeling. The recall is devised to encourage action and to lead the people to strike while the iron is hot. The judge is treated as an instrument and servant of ma iOrity of people and subject to their monetary will with not long term in which his qualities as a judge and his character as man have been subjected to a test of an the varieties of judicial work and duty so as to furnish a proper means of measuring his fitness for continuance in an other 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 he pending from his ruling in which he may be sustained, he is to he hailed before the electOr- ate in a tribunal with no judicial 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 popular demand.
 Think of the opportunity such a system would give to interruptions politician bosses and in control as they have been in control not only of conventions but in electionsl Think of the enormous power for evil given to the sensational undertaking portion of press in arousing prejudice against a just judge by false charges and in situations the effect of which in the short period of an election by recall it would be impossible for him to meet and offset.
 Supporters of such system seem to think it will work only in the in- terest of the poor, the humble, the weak and the oppressed, that it win strike down only the judge who is supposed to favor corporations and be affected by the eorrupting influ- enee of the rich. Nothing could be further from the ultimate result. The motive it would offer to interruptions to seek to control pOli- ties in order to control the judges is clear. Those who will he needed by the recall are those who have the best opportunity of arOusing the ma ! jority of the people to action on i'm pulse. Are they likely to be the wis est or the best people in a community Do they include those who have i money enough to employ fire brands ! and slanderers in community and 1 the stirrers up of sO-ealled heat? Would not self-respeeting men hesitate to accept judicial office with such . sword of DamOeles hanging over them9 What kind of judgments might the unpopular side expect from courts whose judges must make their deei- siOns under legalized terrorism? The character of the judges would deteri- Drate 10 that of trimmers and time servers and independent judicial ae- ton would be thing of the past. As the possibilities of such a system pass in review. is it too much to the ease as one which will destory the judiciary. its stand ng and its usefulness!
 The argument has been made to justify the judiciary recall that it s only carrying out the principles of he election of the judges by the people, The appointment by the exc .utive is by the representatives of the majority and so far as future bias is concerned there is no great difference the appointment and the lection of judges. The independence f the judiciary is secured rather by
 fixed and irredueible salary. It is rue that when the term of judges is i or a limited number of years and { collection is necessary it has been ] bought and charged sometimes that s hortly before election in eases in ' Ihieh popular interest is excited,