The evening world., 1911-08-15

" . ~ S'opt TVspo1SlDlIty lDT tne
judicial recall Of the Arizona constitu-
ton. This provision OF the Arizona con-
stitution. In its application to county
and State Judges. seems 20 nc SO per
independence In the judiciary, 30 likely
TO subject the rights Of the Individual
to the possible tyranny OF q popular
majority. and therefore to he SO injurl-
Gus to the cause OF free government,
that ] must %dlsapprove a substitution
containing It.
MAJORITY MAY DO INJUSTICE
TO MINORITY.
Now, as the Government IL for all
the people. and not solely for a majority
Of them. the majority, In exercising
control either directly or through its
agents. is bound to exercise the power
fc- the benent Of the minority as well
as the majority. But all have recog-
nixed that tho majority Of . people. UNI
restrained by law. when aroused and
without the SOLDERING effect OF delibera-
tlon and discussion. may do injustice
to the minorit' or to the Individual
when the selnsh interest of the majority
prompts.
Hence arises the neces jity for a con-
stitut!on BY which the Will OF the ma
jority shall be permitted to gu.d, the
course Of the Government o..ly under
controlling checks that experience has
shown to be necessary to securs for the
minority It's share OF the bcneft to the
whole people that a popular Govern
ment II established to bestow.
The executive and legislative branches
Of our Government are representa-
tive Of the majority OF the people which
elected them. in guiding the course Of
the Government within the limits Of the
Constitution. But the judicial branch Of
the Government In not representative OF
the majority OF the people In any such
ems even II h mode OF selecting
judges 10 by popular election.
I'm . proper ssnss, Judges are SER
wants Of the people. But they are not
popular rspr sssntativss. On the oon.
traryr 70 all thsis ofaos properly, they
must be Independent. They must Dc.
eide svsry question which comes be-
fore them according TO Law and Jus.
taos.
I'm early days some argued that
whstsvsr was done BY the Legislature
was constitutional. But II was soon
settled that II Was the duty OF Judges
70 apply the law and 20 to declare
what was the law, n II what pur.
ported TO bs statutory law was 81
variance with the fundamental law,
Il. O., the constttution-ths seeming
statute was not law 1T all. was not
binding ON the courts, the individuals,
or any branch OF the Government, and
that Il was the duty Of the judges %
to decide.
WE MUST HAVE JUDGES WITH
COURAGE
This W conferred on the judici.
airy In our form OF Government Is
unique In the history OF Governments
and It's operation has attracted n de-
served the admiration and commenda'
ton Of the world. II gives to our Judi.
ciary a position higher. stronger ant
more responsible thar that of the Judi
ciary Of any other country and more If
fectiyeh' secures adherence to IN,
q fundamental will OF the people.
Judges to fulfil their functions prop
D erly In our popular Government mus
r he more independent than In any othe
form Of government, and that need o
independence Is greatest where the In
divldual Is one |litigaut, and the State
: guided by the successful and govern
ing majority IS the other. In order I
y preserve the rights Of the minority an
!. the Individual, and TO preserve our con
stltutional balance, We must nave judge
with courage to decide against the ma
O iorlty when law and justice require
"Could there be . system more tr
gsniousiy devised to subject Judges I
momsntary gusts OF popular passio
than his Artzona system. Controversial
o over elections, labor troubles, racial
" religious issues, issues AZ to tho col
.e truction OF constitutionaity OF liquS
. laws, criminal trials OF popular or III
popular defendants, tho removal
county ssats, suits by individuals
maintain their constitutional rights
obstruction OF some popular tmprov
N ~msnt-thsss and many other W
II ceuld be cited In which . majority
. district electorate would be tempt,
by hasty anger to recall . console,
tious Judge II opportunity were op,
' all the time. No period Of delay 10 4
's terpossd for the abatement OF popul
feeling. The recall 10 dsvirsd TO o
- courage quick action n 20 lead q
people to strike while the iron 10 h,
laI Supporters of such a system seem