The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-05

1
purpose or argument ise concerned.
II would he infinitely better. in our
| judgment TO have the recall by the
people than 70 have such legislative
recall IA we have in Utah. and as many
Of the States have in the same form.
| For, If j Judge is 20 be recalled by
| popular vote. there must be reason
! assigned publicly for that recall; and
the popular Judgment would have TO
he taken on The sufflciency of that
reason. There must he campaign.
there must be n showing made. there
must be reason urged against the
Judge for the recall, II the people arc
asked to recall him But not so in the
legislative recall. Here everything can
be done quietly without any reason as.
signed, without any motive urged: the
secret blow can be struck without
warning. without argument, without
possibility of real defense. II is in
deed surprising 10 see that those who
oppose the recall of Judges sit down
so quietly under these constitutional
provisions for the recall of Judges bv
the legislature. and make so much fuss
about popular recall
If it he urged that the legislature is
not likely to recall Judges under that
provision, and that no recall has ever
actually been effected, the same reply
is ready for the popular recall No
case of recalling a judge by popular
. nm rn,1rI &c -
no legislature has ever recalled Judge,
IT can be lust as truly said that the
people have never recalled a Judge,
though four cases of legislative recall
are recorded in New Hampshire. LII
1t is said that the power to recall D
nudge by the legislature ought TO exist,
so that it could be applied in extreme
cases, the reply is that if such re
call is necessary at all il ought TO be |
done by the people, aud not by the |
legislature. For popular recall is |
open, public. on reasons given, where.
rs legislative recall may be, and |
probably would be. secret. partisan, in
dcfensible on public grounds. and for
a malign or unworthy purpose.
When il is recalled that we already !
have the legislative recall for Judges.
which is. in fact, more hazardous
risky, and indefensibIc form of recall,
t seems to us that those who so fer.
Iently denounce the popular recall of
iudGes might wake mp to the fact that
hey are wasting their breath. and
,ught to get down TO facts. ii the re.
'all of Judges is such an obnoxious
hing, let us have it done away with
n the legislative form, as well as pre-
'ented IN the popular form. But If
is to be continued at all. we submit
lat the popular form of judicial re.
all is far less dangerous than the
legislative form; and, of the two, the
'tnplc are the more to be trusted,
In this connection it may appropriate.
he remembered that Thomas Jclier-
on was much concerned about the I'M.
estrained and unlimited power grant.
d in the Constitution to the Supreme
'ourt of the United States, and in like ,
lanncr TO other courts, both State and
'atlonal He WAS opposed TO the Con. ,
tItution on this ground, and as late as {
$50 he wrote: You seem to con-
der Judges as the ultimate arbiters of
II constitutional questions; very !
angcrous doctrine indeed and one that ,
ould place us under the despotism of
u oligarchy -
We have not got vet TO the mint
mere we consider our courts, unre. p
rictcd and unlimited as their powers =
re, save only rs these powers are lin :
cd by higher courts in their degree.
} be judicial oligarchies. But the II
ovement for the recall of Judges I'M.
springs from the idea so
early cnounced by Mr.. Jefferson. that II
lie courts are taking too much upon
'emselvcs. and that the people NAV
,ed protection from the courts bv some
her power quite as much as they need u
from the legislature or the l'
,ecutive department Of the govern. !
ent. And, as no other way TO reach /
Ie courts is provided, the urging of the b
call by popular vote is the express J
nn of the people 5 desire to have some =
cans provided for restraining what
ay be the dangers Of usurpation or Il
c inauguration Of what jefferson so o
'tly called "'the despotism of AN ~
garchy.' y
TWO GOOD LAWS. N