New-York tribune., 1911-09-25
CRITICISM OF THE COURTS.

CRITICISM OF THE COURTS.
President Taft's sharp criticism of the
judiciary in his St Louis speech was eX-
tremely significant 1t was significant
in the same way as was the sudden out
burst Of feeling in regard to the judici-
ary that occurred ut the recent Govern
Ors' conference. The action of that con-
ference in sending a committee to I'M
press" the Supreme Court was silly, Dut
the spirit which prompted 1t showed the
extent to which evaporation with some
tendencies Of the courts has spread. The
movement for the recall Of judges is sig
nifcant of the same thing-namely, the
great change which has taken place or
is taking place in the attitude OF the
American people toward the courts.
When the President, a man OF calm
temperament, not given to rhetorical ex-
travagance, says that Impeachment Of
"a Judge would be very healthful thing
"in these times" and proposes to make
impeachment easier, it is plain to see
that the country is getting long way
from its traditional feeling of compla-
cent satisfaction with its courts and its
habit of refraining from criticism OF
them, except under extraordinary provo
cation. The immunity from criticism
which courts have enjoyed has been a
remarkable feature Of popular govern
ment in this country. Even now the ira
Gition which has restrained criticism Of
the judiciary is so strong that when
public man raises his voice in protest
against certain Of their tendencies he IS
likely to be called by some an enemy
os the people and told that is under
mining our American institutions"
Apparently that day Of unquestioning
acceptance Of everything that wears the
ermine is passing, to be succeeded, we
| hope. by such honest, sensible and mod
crate criticism as President Taft him
| self has often declared to be essential
in a popular government and which he
| himself eXemplifies, and not by that rev.
Olutionary spirit which will have moth
ing short Of the judicial recall TO cure
the faults which it finds in the judiciary.
| Criticism Of the judiciary is character
istic Of the times. The critical spirit
spares nothing. That dissatisfaction
with established institutions, that un-
settling of authority which prevails
everywhere to-day, would naturally not
pass by our system Of administering JUS
| tice, especially when the laws delays
and the obstacles which the courts so
often feel constrained TO present to hui
manitarian legislation give so much oc-
casion for complaint.
The Presidents suggestion that i'm
peachment Of judges be made simpler is
not sufficiently definite to make 1t pos
sible to form an opinion Of its practica-
bility. The present system of legislative
impeachment is clumsy" says Mr. Taft.
No doubt it is. Certainly it has not been
fruitful Of removals, and it is impressive
to hear the President say:
1 have known instances in Congress
where there was ground for impeach-
ment that ought to have been carried
through, but on inquiry I found that the
difficulties between the members Of Con-
gress and the judge had been settled by
compromises; the thing had passed away
Perhaps such failures are, as the
President seems TO think, one source Of
the movement for the recall. But
whether the legislative method Of i'm
peachment is too clumsy or not, is it
too much to say tlat one reason for the
"compromises" of which Mr.. Taft speaks,
one reason for the legislative tenderness
for Judges on trial, is the traditional
view that it is best TO spare scandal
where the judiciary is concerned, to pro-
tect the courts from criticism and up
hold them wherever possible? With the
public attitude becoming more critical,
! legislative impeachments may become
more effective. But in any case, if the
country is not carried away by its impa-
| thence to the adoption Of the wild and
dangerous nostrum of judicial recall,
there is every reason to hope that the
criticism of the judicial system and the
judiciary will itself bring about a reform
in conditions. An awakened sense Of
their shortcomings-and what human in
stitution, especially what human institu-
ton that has enjoyed a long period Of
almost complete immunity from criti-
cism, is without its shortcomings?-will
be a good thing for the courts.