The Birmingham age-herald., 1911-08-08
DISCUSSES RECALL OF JUDGES Indications Point to a Vote.
 Today BORAH MAKES ATTACK
Nelson Offers His Substitute For House Bills Which Complies With Taft's Demand That Recall
 Be Eliminated

Washington, August With the re- call of judges provision of the Arizona constitution as the principal issue, the Senate took up today for final action l the bill for the admission of New
 Mexico into statehood. By previous agreement the bill will be voted on before the close of this Legislative day" which, however, may extend by
 recesses for several days. Indications tonight were that the vote would be
 reached tomorrow.
 The test will come the Nelson amendment to the House bill, which
 would allow New Mexico to become a state with its constitution unchanged, while Arizona must strike out the pro vision by which judges can be recalled.
 The House bill requires that the voters of Arizona shall take vote on the judicial recall question before the ter ritory is admitted, while in New Mex leo an effort must be made by vote to change the constitution adopted so as to make it easier of amendment. Vigorous speeches in opposition to
 the recall of judges were made today by Senators Root of New York, Borah of Idaho, Nelson of Minnesota and
 Crawford of South Dakota. while Poin- dexter of Washington defended it, de- claring that the people of a state should have the right to say what sort of constitution they desired, provided it is not in conflict with the national constitution.
 MT Root contended that the great basis of the strength of American self government was in the self-restraint the people had placed upon themselves in the judicial system adopted by the fathers of the country.
 'I believe" he declared, "that in the long run the decisions of the American people are wise and sound, but they are because the wisdom of our fathers de- vised a system of government which pre-
 vents our people from reaching their con- clusions except after mature considera- tion and after the passions of the mo-
 ment are excluded. Our fathers believed
 that among the virtues, that of self-re-
 straint stands near the finest. l do not
 believe we are ready to say to the Judge: You are to maintain the great principles of justice, but you must do so subject to recall ana OiSsf dte iols iillt IL sNob happen to decide against fife vii At thd majority.
 Recess Taken After seven hours debate today, the Senate recessed until Il o'clock tomor- row morning. Among those still de- string to be heard are Senators Craw-
 ford, Cummins, Clapp and Bailey.
 Senator Nelson offered his substitute
 for the House measure. It was framed
 dAnt
 is said the substitute has received en-
 dorsement to insure it's passage.
 The President has taken a determined
 position against the inclusion of judges
 in the recall provision of the Arizona
 constitution.
 The Nelson substitute requires the cleo
 tors of Arizona to vote that provision
 out of the document as a Fundamental
 condition of admission.
 Senator Poindexter, of Washington, de-
 clared it was a "traversy on self govern
 ment to try to compel the people Of Ari-
 zona to adopt constitution which they
 should have"
 That there has arisen during the hast few years a quiet subtle way
 of getting rid of federal judges, was
 startling declaration made by Sena- tor Borah of Idaho, in opposing the
 judiciary recall. He said the depart ment had found way of having fed eral judges removed if their opinions did not suit the department heads. He declared it to be his deliberate and uncompromising opinion, that without free and independent judi ciary, the popular government would be a delusion, a taunting, torment ing delusion .
 The speaker declared that in framing laws. legislators should be guided by well informed and we'll sustained
 public opinion. The practical wisdom born of the reflection and experience of ninety millions of people he said, was a remarkably safe guide for law makers. Laws should embody in their enactments, as near as they might, the practical information of the rail-
 road, laborer, farmer, banker, mer- chant, lawyer and the thousands upon whose integrity rests the fabric of modern business.
 In emphasizing the importance of an absolutely Independent judiciary, who
 should consider nothing but the terms
 of the law as written" Senator Borah
 registered his disapproval of judicial
 legislation. If the law be a bad law,
 detrimental to the public welfare" he
 he said, the people may modify or
 repeal if. But the judge who legis-
 lates not only violates his oath but
 undermines the basic principles of our
 institutions. and opens the door to in-
 justice and fraud.
 II am afraid that the principle Of
 the recall, as applied to judges, will
 tend to establish the rule of the ma
 jority in matters of judicial con
 troversy. It will tend 10 make decisions
 bear the color and drift of majority rule, or party domination, rather than
 that of faithful rendition of the law and the facts"