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

dependent judicial action would be a
thing of the past AS the possibilities
of such system pass in review is it
too much to characterize 1t as one
which will destroy the judiciary, its
standing and its usefulness?
The argument has been made to
Justify the judicial recall that il Is
only carrying out the principle of the
election of the judges by the people
The appointment by the executive Is
by the representative of the majority.
and so far as future bias is concern
ed there Is no great difference he
tween the appointment and the cleo
tion of judges. The independence of
the judiciary is secured rather by n
fixed term and fixed and irreducible
salary. 1t is true that when the term
of judges is for limited number Of
years and reelection is necessary 1t
has been thought and charged some
times that shortly before election in
cases In which popular interest is eX-
cited judges have leaned in their deci-
sions toward the popular side.
AS already pointed out however, in
the election of judges for a long and
fixed term of years the fear of popu-
lar prejudice as motive for unjust
decisions is minimized by the tenure
on the one hand, while the opportu-
nifty which the people have calmly TO
consider the work of a judge for
full term of years in deciding as to his
reelection generally insures from
them fair and reasonable considera-
ton of his qualities as judge. While,
therefore, there have been elected
judges who have bowed before unjust
popular prejudice or who have yielded
to the power of political bosses in their
decisions, l am convinced that these
are exceptional and that, on the whole,
elected judges have made a great
American judiciary. But the success
of an elective judiciary certainly fur
nishes no reason for so changing the
system as to take away the very safe
guards which have made it successful
Attempt is made to defend the prin-
ciple of judicial recall by reference to
states in which judges are said to
have shown themselves to be under
lhldtlNt anu III
which it is claimed that nothing but a
desperate remedy will suffice. If the
political control in such states is suf-
ficiently wrested from corrupting cor
porations to permit the enactment of
radical constitutional amendment
like that of judicial recall 1t would
seem possible TO make provision in its
stead for an effective remedy by i'm
peachment, In which the cumberous
features of the present remedy might
be avoided. but the opportunity for
judicial hearing and defense before an
impartial tribunal might be retained.
Real reforms are not 30 be effected
by patent short cuts or by abolishing
those requirements which the expert
ence of ages has shown to be essential
in dealing justly with every one. Such
innovations are certain in the long run
to plague the investor or first user and
will come readily to the hand of the
enemies and corrupters of society after
the passing of the just popular indig
nation that prompted their adoption.
Again. judicial recall is advocated
Ou Iue kIOuuu JlldI II Will DIluS Iuc
judges more into sympathy with the
popular will and the progress of ideas
among the people. 1t is said that now
judges are out of touch with the move
: ment toward wider democracy and i
, greater control of governmental agen
cies in the interest and for the bene
: fits of the people. The righteous and
! for a ind loo to 10 or
dinarily fixed by statute or clear prin
= ciples of law, and the cases ON which
+ his Judgment may be affected by his
5 political, economic or social views are
I infrequent.
e But even in such cases judges arc
D not removed from the peoples infu
= ence Surround the judiciary with al
4 the safeguards possible, create judges
n by appointment, make their tenure fol
f life, forbid diminution of salary during
their term and still it is impossible tc
g prevent the influence of popular opin
e lon from coloring judgments in the
e long run. Judges are men-intelligent
/ sympathetic men, patriotic men-ant
d in those fields of the law in which tht
+ personal equation unavodably plays ,
e part there will be found Response
/ to sober popular opinion as 1t changes
to meet the eXigency of the social
J. political and economic changes.
l. Indeed, this should be. individual
n instances of a hidebound and retro
It grade conservatism on the part o
Is courts In decisions which turn on tn,
|, individual economic or sociological
n views of the judges may be pointet
.e out, but they are not many and d
e not cali for radical action. In treat
If ing of courts we are dealing with
l. human machine liable like all the In
ventions of man to err, but we ar
n dealing with a human invention tina
e likens itself to a divine institution be
e cause 1t seeks and preserves justice
e 1t has been the cornerstone of ou
d gloriously free government, In whic
d the rights of the individual and o
b. the minority have been preserved
l. while governmental action of the mf
"A iorifu hos lost nntbiD0 Of hoonaoo,,