The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-02
RECALL OF JUDGES.

In the state of Washington q Judge
issued an injunction against the pa
irons of car Understandings them
from refusing to pay second. fares and
from asking for transfers.
The judges act, of course, proved
unpopular. He was burned in effigy
and mass meeting was held at which
he was denounced and disobedience Of
his injunction counseled.
It is clearly evident that the con-
troversy is one of legal rights and not
political one in any sense. 1t is
therefore to be settled by the laws of
the land and not by the votes Of the
people as expressions of their wish and
sentiment.
Undoubtedly the people in this case
have a cause for grievance-and the
judge may have erred in issuing the
injunction. Both the judges error and
the peoples grievance might have been
righted by legal trials on the hearing
Of legal testimony-and by the subse-
| quent tests Of appeals to higher tri-
bunals. In addition 1t should be re-
membered that injunctions in most
cases are only technical steps in legal
proceedings-and are issued as mat
ter Of course whenever papers meeting
the preliminary requirements are pre-
sented to the Judge.
II there should be opportunity for
the recall in a case like this-it is not
to be doubted that the Judge would be
cast out Of his office merely for doing
his duty duty within the scope of
the discretion which must be granted
to every judge IL he Is to be in fact a
Judge.
In other words, public sentiment may
and should make lawsuit public SEN
timent should not be allowed to inter-
fere with or suspend the enforcement
Of those laws as long as they remain
such. This would make every law sub
Ject to the whim of the moment-and
no sort of personal or property rights
would be certain or safe.
II judge is guilty of conduct un-
becoming his high office, he can be i'm
peached. For acts clearly within the
scope of that office and in the per-
Torrance of the duties of that office
to subject him to impeachment by the
recall because the acts happen to be
unpopular-would be subversive Of the
entire system of government which
strives to keep the judicial and legisla-
tive functions separate.
The recall mingles the two--subor-
dinating the judicial and degrading
judges into OFFICIALS who would render
the law-not as it is and is written
but as would make them popular and
keep them in office.
The recall of judges. therefore. would
be tantamount to the recall Of justice.
a. The churches are cool and pleas
ant-Sunday mornings.
IA The coal man begins to feel the
time Is growing shorter.
Ia 1t is claimed the cost of living in
Fargo lie going higher. It's worth it.
/ Itg Some people refuse to lose their
straw hds-eyen If September is here.
Er Some women have already begun
to worry over their Christmas presents
Gar II that Michigan clam had only
kept its mouth SHUT might still
have had those S12 pearls.
j aw Lady Francis Cooke has quit the
fight for womans suffrage and vii
build churches for the young.
81 ikT Those male councilmen who con,
+ tlnue to harass the female mayor d
9unnywelI, Kan. demonstrate SONS
} men may not as well quality Cor sui,
/ frage an the women.
i ---~---s
> f~ Secretary Wilson oK the depart
: ment Of agriculture at washington
i calls attention to the fact this countr'
J has raised some mighty fine crops dur
& | ing the fourteen years he has been q
ne head d things. -