Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-08-08
SENATOR BORAH MAKES
VIGOROUS ATTACH ON RECALL


Washington. Aug. senator Bor-
ah of Idaho, in a speech on the state
hood bill in the senate today. vtgor-
ously attacked the principle underly-
Ing the recall OF the Judiciary. He de-
elarcd II his deliberate and uncom-
promising opinion" that without a free
and independent Judiciary. popular
government would be delusion. "a
taunting, tormenting delusion."
The speaker declared that In franz
ing laws legislators should be guided
BY well formed and well sustained
public opinion. The practical wisdom,
born Of the reflection and experience
OF ninety millions of people he said.
was q remarkable safeguard for law
makers. Laws should embody in
their enactment as near as might be.
the practical Information of the rail-
road owner. laborer. farmer. banker,
merchant. lawyer and the thousands
upon whose integrity rests the fabric
of modern business.
In emphasizing the Importance Of
an absolutely independent judiciary.
who should consider nothing but the
terms OF law as written. Senator Dor
ah registered his diSapproval of judi
cial legislation.
'If the law be- a bad law, detriment-
al to the public welfare" he said, the
people may modify or repeal it, But
the judge who legislates not only vio-
lates his oath, but undermines the
basic principals OF our institutions and
opens the door to injustice and fraud" ="
Il am afraid that the principle Of
the recall IL applied to judges will
tend TO establish the rule of the ma
jority in matters of judicial oontrover-
81. II Will tend to make decisions
bear the color and drift of majority
rule or party domination rather than
that Of a faithful rendition Of the law
and the facts.
I'VE sometimes argue that the first
principle of democratic or republican
government Is that the majority shall
rule. That is true in making laws and
determining politics, but 1t has no
place in and win destroy the republic
If applied to the courts or to contro-
versies TO be determined under the
law. There all men are equal. Though
the majority must rule. yet a gpv-
orpment which has no IN method for
protecting the rights OF u minority
is a dcspotic government. | do not
care whether YOU call 1t monarchy.
an aristocracy or a republic. ,t.
"a government which will not pro-
tect me in my rights. though | stand
alone and against all my neighborS
is despotic government. IL our
courts are taught TO listen. trained
4 .t.s .,f lao ~
harken 10 the voice of the majority,
to whom viii the minority appeal for
relief It the voice OF the majority con-
trols? N this principle finally comes
to be recognized in the timidity OF
judges. to what power in our govern
incnt will the isolated, the unfortunate
the humble and the poor 20 for re-
lief? Where viii those without pres"
tige, without wealth or social rank go
FOR protection ?"
Declaring that although the Arneri-
can citizen loves liberty, he also In the
end demands security and stability.
Senator Borah said proposition
which would imperil the Independence
of the judicial system would not long
be tolerated. One OF the main ques-
tions settled By the English rcvolu-
tion Of 1858, he asserted. was tina,
the people should have the right 20
appeal for protection to an indcpen-
dent tribunal of Justice.
"a feeble, timid. an obcdicnt tu-
dietary has always in the end proven
to be an incompetent. cruel or
corrupt Judiciary said he in conclu-
sion. When and wherever In all his
tory you find a dependent judiciary,
you find that It In the man OF limited
means, the poor man. who suffers, the
man has not the wealth to purchase
immunity or tho prestige 10 command
DEGREES. When tho people have writ
ten the1hw. then let us have an indo.
pendent judge, free from any poliucai
party 10 interpret the Law as written
until mo nconlp rc-Writn IL +"