The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-04-21

concluded not to oppose uncompro-a
misingly the admission of Arizona
to the union, simply because of the.
judiciary recall provided for In the
new state constitution, is consistent
with the good sense he is known to-
possess, and his attitude will doubt
less insure the early admission OF the
two southwestern territories without
a very serious contest in congress.
Objectionable as the recall may be
when applied to judges. it is not
likely that II will be brought into
use in Arizona except on rare occa-
sions; and 1t must be said too. OF the
recall as of every other device in
government that II must be judged
finally by experience and results. The
Arizona experience ten years from
now ought TO be valuable. Mean,
while the older states OF the coun-
try, particularly those in the east.
win be wise to await the verdict Of
time upon this daring innovation in
troduced in one or two OF the states
on the other side OF the continent.
In such discussion OF this question
as has already taken place. it has
been pointed out more than once
that II our form OF government is
to become more purely democratic.
there Is especially a logical iustifl-
cation for applying the recall to
judges who are elected rather than
appointed TO their positions. Wher-
ever the judiciary Is elective. the in
dependence of the bench is by no
means absolute I'm the sense that
judges can be entirely Indifferent to
public opinion The mere fact that
they must seek reelection at the
end Of comparatively short term
involves recall that works auto
maticAily, There are undoubtedly
states In the older part Of the conn-
7 try where judges under the elective
system owe their places to party ma
chimes and even TO political bosses
TO whom they must appeal for re
nomination on regular party tickets
Croker used 70 name judges in New
York state; Cox has named them In
Cincinnati for years. Now that Coz
is being prosecuted for perjury. not
z judge in his county, II appears
can be found who did not owe his
place on the bench 10 the boss's "a,
vor and this state OF affairs impelied
the public prosecutor 70 ask for 1
cnange OF venue. Surely. where sucl
7 conditions exist, where Judges ne
cessarily owe their preferment 10 mel
/ who control. often for corrupt pnr
poses by corrupt methods, the ma,
chinery OF nomination and erection
the existence Of the judiciary recall
might have a most salutary inGn
ence. A boss might be able 10 piac,
Z upon the bench poorly qualified men
but the people would not be without
mode OF protection from posslbl,
abuses OF the Judiciary power. or
4 under the system OF popular election
OF judges. in case OF men OF dema
gogis. instincts and evil purpose
should gain seats upon the benel
through the snowy arts OF popula
canvassing. the -ecall might AZ time
serYe a useful purpose In correcting
serious plumbers az the polls.
With reference 20 otner officers o
government. the recall viii probabl.
continue 20 excite muchr less oppo
sition in the east as well as in IN
west Governor Wilson. OF NeV
Jersey has given II his endorsement
this week In . special message urg
ing the legislature 10 grant 10 cite
the right TO adopt the commission
form Of government. He approve
Initiative. referendum and recall a
they are usually co-ordinated Ii
radical schemes Of government. In
sisting that 20 far as municipalities
are concerned they are no longer ex
perimental: they have been teste'
by abundant experience elsewhere.
While one may dinere from IN
governor Of New jersey on the poin
whether the experience has beer
sufficient 70 warrant any but tenta
live conclusions. we notice that IN
referendum considered alone has re
Gently seeares excellent endorse
ments In the reports Of the repre-
sentativea 81 the -.ritish uoyerumen
IN switzerland and this country. TIL
paper on this subject issued by IN,
British Office shows that the refcren
dun takes q m hold whercter /
Is introduced. while little or no sup
port n given to the contention tina
Il " destructive 81 the representative
system.
Those who become enthusiastic
over some instrumeBtallties Of gov
eminent. however. must not los
sight OF the fact that what may worl
successfully In one state may NO
work 80 successfully In another
Government IL an adaptation d
means TO ends and Il must be in
tensely practical in lts final appIica
ton Of ideas. The tendency for on,
American state 70 copy the radica
innovations Of another Ia strong
Novelties In government are catch
ing. Yet. II By no means follows thai
initiative, referendum and recall
would work 70 we'll IN one part oil
the country a. another. in one com
munIty as another. The character
and density Of the population, the
balance between urban and rnra
life. the average intelligence and edu.
cation, the comparative age Of 20