The citizen. (Honesdale, Pa.) 1908-1914, 1911-08-23

| the law and so to declare what was
the law and that if what 1urported 10
be statutory law was at variance with
the fundamental law-i. e., the consti-
tution-the seeming statute was not
law at all. was not binding on the
courts, the individuals or any branch
Of the government and that II was the
! duty of the judges so to decide. This
power conferred on the judiciary In
our form of government is unique in
the history Of governments, and It's op-
GRAFTON has attracted and deserved the
admiration and commendation of the
world. 1t gives to our judiciary a po-
sftion higher, stronger and more re-
spOnsible than that of the judiciary Of
any other country and more effectively
secures an adherence to the funda
mental will of the people.
What l have said has been to little
purpose If IL has not shown that judges
to fulfill their functions properly in
our popular government must be more
Independent than in any other form
of government and that need of inde-
pendence is greatest where the individ-
ual is one litigant and the state, guided
by the successful and governing ma
jority, is the other. In order to main
tain the rights of the minority and the
individual and to preserve our consti-
tutional balances we must have judges
with courage to decide against the
majority when justice and law re-
quire.
By the recall in the Arizona constitu
ton it is proposed to give the major
lty power to remove arbitrarily and
without delay any judge who may
have the courage to render an unpopu-
lar decision. By the recall 1t is pro-
posed to enable a minority of 25 per
cent of the voters of the district or
state for no prescribed cause after the
judge has been in office six months to
submit the question of his retention
In office to the electorate.
The petitioning minority must say on
the ballot what they can against him in
200 words, and he must defend himself
as best he can in the same space. Other
candidates are permitted to present
themselves and have their names print
ed on the ballot so that the recall is
not based solely on the record or the
acts of the judge, but also on the
question whether some other and more
popular candidate has been found to
unseat him.
Could there be a system more in
geniously devised to subject judges to
momentary gusts of popular passion
than this? We cannot be blind to the
fact that often an intelligent and re-
spectacle electorate may be so reused
upon an issue that it will visit with
condemnation a just judge, though
exactly in accord with the law gov
erning the case, merely because it af
fects unfavorably their contest. Con
troversies over elections, labor trou-
bles, racial or religious issues, issues
as to the construction or constitution
ality of liquor laws, criminal trials of
popular or unpopular defendants, the
removal of county seats, suits by in
dividuals to maintain their constitu-
tional rights IN obstruction of some
popular mprovement-these and many
other cases could be cited in which a
majority of district electorate would
be tempted by hasty anger to recall a
conscientious judge II the opportunity
were open all the time.
No period of delay is interposed for
the abatement of popular feeling. The
recall is Devised to encourage quick
action, and to lead the people to strike
l., hot A,,Ir 4
treated as the instrument and servant
) of q majority of the people and sub
ject to their momentary will, not for
a long period in which his qualities as
Judge and his character as a man
have been subjected to test of all the
varieties of judicial work and duty sc
as to furnish a proper means of meas
f uring his fitness for continuance in
f another term. On the instant of ar
r unpopular ruling, while the spirit OF
, protest has not had time to cool, anC
even while an appeal may be pending
from his ruling in which he may bt
. sustained, he is to be hailed before tho
, electorate as a tribunal with no ju
dicial hearing, evidence or defense anC
, thrown out of Office and disgraced fol
, life because he has failed in singl,
, decision it may be, to satisfy the popu
- lar demand.
Think of the opportunity such sys
. TEN would give to INSCRIPTIONS politi
a cal bosses in control as they have beel
!, In control not only of conventions, bu
. elections. Think of the enormou
, power for evil given to the sensational
9 undertaking portion of the press II
I rousing prejudice against a just Judg
:. by false charges and insinuation, tn
. effect of which in the short period o
J. an election by recall, it would be in
n possible for him to meet and offset.
: Supporters of such system seen
y to think that 1t will work only in tn
= interest of the poor, the humble, tn
8 weak and oppressed; 1t will strik
v down only the judge who is suppose,
/ to favor corporations and be affecte
V by the corrupting influence of the rict
# Nothing could be further from the u
finofa Yaoult Tho mofiva ~ ,1,O,,I