The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-29
PEKMANENoE AND RECALL.

The Tribune has constantly insisted
that. while terms OF office arc so brief,
the recall is BY no means n fair propo.
sition toward officers once elected. ana
who are. in the Inc of service, Espe-
cially bayc we insisted upon tins III
the ease of Judges. We have urged
that The recall is moro properly cor
rcctioual form where the terms OF
office incumbeDcy are very long or
during life or efficiency. Where Judges
arc elected for life, or where judicial
aud other officers arc appointed for
indefinite terms, as WAS the ease IN
Massac busetts when the recall WIS in
operation there during colonial times,
the recall is perfectly logical propo
sjtiou. On tue other hand. II is en-
iircly Illogical, and might easily be a
nuisance. rs IN fact it has proved 1t
self To be nuisance in number OF
the Western cities where recall has
followed recall 10 the constant agita'
tiou Of the community, and no ad-
vantage 10 anybody,
This view that the recall is more
titly 10 be applied where officers have
life or indefinite terms * urged now
in California since 1bc recall has been
adopted there as part Of the copstl'
tuition, and applying TO Judges as well
as to other officials Judge Courey
Of Los Angeles, who is an advocate
oud firm supporter Of the recall, IS
now out in plea precisely In accord
with the suggestion of The Tribune.
While an advocate of the recall and a
firm supporter of the idea OF iuclud-
ing that measure in the California
constitution. judiciary included, Judge
Courey now SAYS that Judges should
hold their positions for life or during
good behavior. He asks, ''Why elect
Judges for limited terms now that the
popular recall has been applied TO the
judiciarv7'' liyity of tenure is ono
Of the most satisfactory conditions
from the Judge s standpoint, that one
may hold q position on the bench; ana
1t is also advantageous TO the public IN
insuring stable practice. \ nudge who
is learned in the law, who is we'll dis
posed towards the duties of The judi,
cial office, who is energetic, apt. aud
skilled in the pushing Of the business
ia his court. would have no fear of q
recall, and there would be no reason
for disturbing him in his office either
bv expiration of term, reelection, or
any cxtraneous purpose whatever. \
satisfactory Judge once bad should
Judge Courcy argues, remain upon the
bench undisturbcd during his com
petence for the place. When he Is
disa blcd bv age or illness, ii will be
time enough to think about replacing
him
There is certainly logic in the posi-
| tion taken by Judge Courey, and 1T IS
significant that this position should
he taken by a man who has been an
! advocate OF the recall and firm be
| liever in its efficacy. lie argues that
the people could uuseat an unfit Judge
| at anv time with the recall available
| Therefore, fixed elective terms for tho
| judiciary are unnecessary for the safe
guarding of the people s rights will
the recall in operation, and IN the
| changes OF Judges, especially where
political nominations are made, II
might easily happen that a good judge
who ought to be reelected is swept
| out of office by political tide which
! should in no wise affect him. There
! is no doubt whatever but the logic o1
the situation is with Judge Courcy
! There is no doubt, further, that hi;
views arc progressive and not reac
interest. aud the indefinite or lifc
tenure of the judges is the logical re
ply to the recall and the reasonable
/ public expectation from ITS exercise.