The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-31
RECALL OF JUDGES
And Popular Elections AdvOcat-
ed by Senator Owen.
Severely Criticises the Supreme
Court in Speech.
DO NOT USE RECALL.
Says People OF Oregon Have New
er Tried 1t.
But Would Have Statutory Effect
on Members of Courts.
DO NOT USE RECALL.

Washington, July 31.-Severe criticism
of the supreme court of the United
States characterized the speech Of Sen
ator Owen of Oklahoma who advocated
before the senate today the adoption of
his bill providing for the election and
recall of federal judges. This bill pro-
vides that any Justice of the supreme
court or any judge of any other Uni
ted States court shall be subject to re-
call by a resolution of congress; that
all district and circuit judges of the
United States shall be elected by the
voters of the district or circuit, and
that their tenure of office shall be four
years.
Answering the contention of opponents
of tine recall Of judges that the cleo
torate would not be so conservative in
the exercise Of the power of recall as
wotld the national legislature or the
state legislature Senator Owen said
that the electorate of the American
states is abundantly conservative and
moves more slowly than its progressive
representatives would move. The reo-
pie, ne maintained, have been trained
to give the benefit of the doubt to any
one aSSailed and when in doubt they
will always vote 10.
Never during the ten years that the
right of recall has existed in Oregon,
ed themselves Of it AGAINST a judge,
although there is one case pending
there now, which. will be decided wise
ly by the people
The Ieactionary TIrv argument that
the people are turbulent, wild and Wis
ionary, unduly passionate, comprising
an irresponsible mob not fit for power.
was held by the speaker to come witt
poor grace fr I'm those who hold their
honors, dignities and salaries from
these same people.
Stress was laid on the popular senti
ment that senators should be chosen
by direct vote Of the people. The send
tor held that if the people have intel
ligence enough to elect senators and
members Of the house they would not
. be lacking in quality if it should come
to the election or recall of a judge.
If the power Of recall exists Sela :
tor Owen said. the conduct of judges
would be so exemplary, 50 satisfactory
TO the people of the United states,
that no recall of a federal judge ever
would be necessary. The moment the
recall went into effece the courts would
propmetIy discontinue their unauthor-
lied unconstitutional and grossly i'm
proper conduct Of declaring an act OF
| congress unconstitutional. The federal
courts would no longer, because OF
: their ViOWs of public policy. amend
acts of congress by inserting words
in important statutes which congress
/ had refused to insert, IS the supreme
court did in the Standard Oil case and
in the Tobacco trust cases.
The recall, the senator argued, IS
justified by reason and by common
sense He could not sec why anyone
should insist that a judge, infirm dis
abled, feeble, decrepit and worn out.
should not be recalled, except by i'm
peachment. The recall, he maintained,
is a much milder system than i'm
peachment, and may remove a judge
without disgrace.
The speaker said that the four
teenth amendment. intended to pro-
tect the negro, has been twisted from
its purpose to protect the trusts and
monopolies in imposing long hours of
labor upon employees N the absurd
theory that to deny the employee the
right to work long hours is a denial
of his constitutional privileges
The speaker dwelt upon the declara-
ton of the supreme court of the
United States that the income tax law