The Detroit times., 1911-11-03
Editorials by the People.
Lawyer Pound r.,or- the Recall of

Lawyer Pound Fayors the Recall of
Judges.
To the Editor OF The Times ON the
principal topic of our president ;
| speeches Ina his jaunt 90 the Paclnc--
namely. the recail--it does seem 10 me
| that II 81 not so clear as the president
would have us to believe that the
/ people OF this nation would be guilty
I Of governmental sacrilege should they
| adopt H. or that IL they did II would
/ be harmful. lie forgets. or rather ig-
/ nores. the fact that the constitution
| OF the United states was not claimed
/ by it's projectors To be perfect, and
that &c obtain it's adoption IL was
| tacitly agreed to adopt almost stimuli
| tancously a large number OF amend
| ments thereto. The greatest lnnova-
\ tion OF all contained in this notable
| instrument was the establishing of a
| government OF three equal heads, ike
| tire ny biological Cerberus. Never be-
| fore in the history OF the civilized
world was the judiciary elevated 10 an
equality with the executive and legis-
lativc departments OF government
| And Ii is a tremendous question now
! IL a very grave mistake was not made
/ ia SO doing, even with the best OF men
| somehow the temper and rehtful
solitude OF an able and an upright
judge is antagonisic 10 free insltu-
I tions. They love 10 rule. TO spin theor-
Z les and adhere 60 them. In fact, 10 do
what John . Adams. himself nomin-
/ ated and confirmed member or the
| Uaited states supreme court charged
them with doing "In their decisions
/ not inGgiring what was Justice In the
| case but what was the eNpound-
"a and declared law independent OF
! the spirit OF righteousness.
! IL was 10y following such legal deci-
! sions that the highest court in tEis
| country justified and upheld slavery In
the Dred Scott ease, that blotch upon
! the American judiciary. Not that
h. lT~ff & ~ q 4 a.
! we'll seasoned precedent, hut no pre-
csuent should warrant Judge IN do
( ms a wrong.
States government in selling persons
| OF color into slavery. It's this line
J of reasoning which prompted the Dart
mouth college case. most infamous
/ decision which mas bound this coun-
try hand and foot 20 a lot of corpor-
ationS who were not only souleSs them
/ selves. but who had souiess director
| ates.
| The men who made the constitution
! Of the United states thought that they
1 had placed some check upon the Ju-
! dietary OF this country In providing
| for their impeachment. But liz years
! has proven that they did not. tnat the
remedy is too cumbrous and difficult
| OF enforcement in this country 10
| amount TO anything.
| invite attention TO the country
] our constitution Is admittedly pat
! termed after. as TO her judiciary. Eng
! land except for the attempt 10 I'm
| prove IL by promoting the judiciary to
! parity with the legislative ana eN-
! ecutivC powers of government But
| let Us consider this. ] call attention
| strange as IL may seem, that as 70
England. the people there nave the
/ right OF recall as to their hlghest 1u-
! dicial officer. the keeper or the king
! conscience the Lord High Chancellor.
! and have had for nearly, II not quite
I. 900 years.
! 7. for one. disagree with the presl-
, dent No man tit 20 be judge ever
/! shaded his Judgment for fear he would
starve. While a judicial appointment
during good behavior is not bad lie
! still there should be some control over
them II their behavior IS not eNem-
plary they should be summarily ousted
from their office. And IL they have
4 sold justice the punishment cannot be
too severe.
kgain. in England Judge can BE
I silenced IL unit. physically or mem
I tally, TO perform his duties. PERHAPS
/ some one will be good enough 10 tell
+, me. what could be done to. stop the
| action OF a maniacal United States
| Judge until he was impeached.
Whether n is advisable TO adopt the
recall is a fair subject for debate.
| personally think IL should be dore.
| But in any event two things are true:
A. Judges. at least, should no longer
he as they are now and have been In
this country for l25 years in the Fed
eral court prACtlCdlly aDONe the Jaw.
Il. when their behavior is not ex-
emplary they should be removed from
office speedily.
They should be models OF citizenship
and should he competent. mentally and
| physically. and If not. they should be
| impeached and removed from office.
| A Judges place Is no position for a
| crazy man. They should be impeached
| for Ignorance where that fact is true
| There should be e way given the
| president to speedily silence them II
! the condition OF the Monroe circuit.
| certainly think this condition of af-
| fairs should be remadied
JAMES III. POUND.
| Detroit Nov. /. 1911.