The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1911-08-16
RECALL Is TOO RADICAL

The Star doesn't think much Of the |
initiative. referendum and recall. 1t
is its opinion that the method followed !
from the foundation Of representative
government, of electing officers for
term of years, is best. It is very true
that the people often make a mistake
and elect the wrong man, but if they
recall him before his term is out and
elect another. they are just as likely TO
make a second mistake remedy the
first
1t may be that the possibility of
recall would make some officers more
careful-it would also destroy the in
dependence of the officer who believed
he was right, and his constituents mis-
taken. The recall would be a weapon
not only in the hands of the honest
voters, but in those of the dishonest.
and could be invoked in the support of
gang or boss rule readily as in that
of good government.
The old-fashioned method of elect
, ing an officer for a term of years, of
re-eleeting him if he makes good. and
turning him down If he doesn't and
impeaching him if he is too bad, suits
the Star. and it will suit the rest of
the country if the people will attend
TO their government. There isn't any
sort of a system that will suit unless
the people pay close and particular at
tention TO public affairs.
Especially vicious would the recall
be in the case of a judge. Now. it is
true that some judges are dishonest
and all of them make mistakes some
times, but every one of them has reas
ons and information that are not open
to the general public, and law and evil
dence often make it their duty 20 make
unpopular decisions.
In vetoing the Arizona and New
Mexico statehood bill, President Taft,
himself judge for many years, gives
the following sound reasons against
the recall of judges.
IF I sign this joint resolution. I do
not see how 1 can escape responsibility
for the judicial recall of the Arizona
constitution This provision of the
Arizona constitution in it's application
to county and state judges. seems to
me so pernicious in it's effect, so de-
structive of independence in the judc-
larry. so likely to subject the rights of
the individual to the possible tyranny
of a popular majority. and therefore to
be so injurious to the cause of free
government that I must disapprove a
constitution containing it,
Explaining the recall as written in
the Arizona constitution, the president
says that six months after election
any Judge. county or state, may be
forced to go before the people at new
election when a petition asking for his
recall has been signed by electors
equal to twenty-five per cent of the
total number of votes cast for all can
didates for the office at the previou:
general election Within five days aft
er the filing of the petition the officia
may resign. Whether he does doe
not resign, an election in which hi
name figures is to be held. The pc
titioners may print on the ballots 90
words showing why they disapprov
of the official and he may also defen,
himself within the same limits If h
receives the highest number of vote
he is retained in office. If not he i
removed and he who did receive tn
highest number is put in his place.
The president asks: Gould there b
system more ingeniously devised t
subject judges to momentary gusts o
popular passion than this? No period O
delay is interposed for the abatemen
of popular feeling. The recall is de
vised to encourage action and to lea
the people to strike while the iron
hot"
On the instant of an unpopular rul
ing, the president explains, while tn
spirit of protest has not had time t
cool, the Judge is to be ''haled befor
the electorate as a tribunal with n
judicial hearing. evidence or defens.
and thrown out of office and disgrace
for life because he failed in a singl
decision, it may be. to satisfy the pop
ular demand
Think of the opportunity such
system would give to inscription
political bosses in control. as they hav
been in control, not only of conven
tions but elections Think of the enor
nous power for evil given to the sen
sational undertaking portion of tn
press in using perjury against a jus
judge by false insinuations, the effec
of which. in the short period of a
election by recall, it would be imposs
BILE for him to meet and effect"
Answering another argument-tha
in some states judges have show
themselves under corrupt corporate in
fuence and that nothing but des
perate remedy will suffice-the pres
dent contends that If political contr,
in such states has been wrested sui
fciently from corporate control to pro
pose such a measure as the recall, A
effective remedy could be found in in
parchment