Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-08-07
BoRAH SCORES The
ARIZONA RECALL

ARIZONA RECALL
senator Roruh of idaho in a specch
ON the statehood bin IN the senate
today vigorously attacked the prln.
! ciplc underlying ihc recall OF the in.
dietary Tie declared u his deliberate
aud uncompromising opinion" thaJ
withou, cree aud independent la.
dietary popular government would De-
a delusiun. "a haunting, tormcnting
dcluston
The speaker declared that in fran.
Ing laws Legislators should be- guided
Dos well formed and well sustained
public opinion The practical wisdom
born OF the reflection and experience
oi ninety millions OF people he said.
was a remarkable safeguard FOR law.
makor, Laws should eMbcdv In
,heir enactment. as near rs might be-.
the practical information OF the rail.
road owner laborcr farmer. banker.
merchant lawyer and the thousands
upon whose integrity rests tuc fabric
of modern business.
In emphasizing the Importance Of
an absolutely independent Judiciary.
who should consider nothing but the
terms at law a. written Senator llor.
ah registered his disapproyal Of iu.
dicial legislation
~ the law be q bad law. detriment.
II To- the public welfare. he sad "tnc
people may modify on repeal Co. But
the judge who lcgislatcs not only VIC.
latcs his oath but undermines the
basic principles of our institutions
and opens the door TO Injustice aud
fraud
4 am afraid that the principle o'
the recall as applied 10 Judges Will
tend To establish the rule ct the MA.
iority In matters of judicial Controver
sy Il will tend to make decisions
bear the color and drift of majority
rule or party domination rather than
thar ol q faithful rendition of the Law
and the facts
We sometimes argue that ne FIRST
principle OF democratic or republican
government o. that the majority shall
rule That Is true I'm making laws ami
determining policies but 90 has no
place in and will destroy the republic
II applied to tn, courts or 10 contru.
yCrsics Ia be determined under The
Law. There all men are equal Though
the majority must rulv Vet a severn
mcnt which has no method for pro.
tecting the rights o. minority b. q
dcsuotic government. / do MOI care
whether tuu call IL q mouarchN an
aiisturracy or q republic
"A government which viii moi pFo.
tcCt me in ms rights. though | stand
alone and against al my aeighbors, Is
q dcspOtic government II our cOurtg
are taught 20 listen, trained bv MS
subtle process OF che wears to hearkon
to the voice of the majority To whom
will the minority appeal tor relief 70
the voice OF the majority controls 10
this principle finally comes 10 bt rec.
ugnizcd iu the timidity OF Judges. 10
Whist power in our government will
lhc isolated. The unfortunate, the mum.
bic ana tho poor sO tor RELIEF Whc,r
yin those without PRESTIGE. without
wealth cor social rank 20 for protcc'
ton"
Declaring HAT alihough the Amer
lean ctizcu loves liberty, b., also m
thc end demands security and slabll-
ity, senator Burah said "a proposition
which would iupcril the independence
OF the judicial system would not long
uc tolerated one o. The main que--
tions settled by tho English revolution
of 1855. nc asserted was hat the
people should have the right to appeal
tor protection 90 an independent ui
bunal OF Justice
"A feeble. timid, an u1cdient iu-
dietary has always in The end proven
to bee an incompetent, a cruel OF q
corrupt judiciary said he IN conclu'
sion when and wherever IN all his.
tory YOU find a deponder ON judiciary
YOU find hat IL Is the man of limited
means, the poor man who suffers, the
man who has not wealth 40 purchase
immunity or the prestige To command
dccrces When the p4upl. have writ.
ten the law then let Va, have an Ia.
dependent Judge free from any p0
ltical fear. 10 interpret the law as
written until the people rc.writr it,