Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-06-17
TAFT TALKS
ON RECALL

NEW YORK. May l4.-In speech
before the conference on reform OF
the criminal law and procedure Pres
ident TAFT pronounced himself en-
phatically against the recall of the
judiciary.
"Not content with reducing the posi-
ton of the Judge 10 one something like
that of the moderator on a religious
assembly or the presiding officer of
a political convention" the president
said "The Judge is to be made still
less important, and TO be put still more
on trial, and to assume still more the
character OF a defendant by pro-
vision Of law
Under this provision, II his rulings
and conduct in court do not suit
small percentage Of the electors of
his district he may be compelled to
submit the question of his continuance
on the bench during the term for
which he was elected to an election
for recall. in which the reason for his
recall ~ to he included in two hundred
words, aud his defense thereto Is to
be equally brief
Hope In Nations Humor
ct can hardly be said that this
proposed change, II adopted will give
him greater authority or power for
usefulness or constitute a reform in
the enforcement of the criminal law
of this country IT. will certainly not
diminish the power or responsibility
of counsel for the defendant
Let MS hope that the strong sense
of humor of the American people.
which has so often saved them from
the dangers of dcmagogy, will not he
Taking in respect of this nostrum
THE statistics which show the
crimes that so UNPUBLISHED in this
country ms compared with those in
England" said Mr.. Taft, ARE startling
aud humiiating to any son of America
who has pride in his fellow-country-
men us q law abiding and law enforc-
ing people.
"a study of the English system will
show that their procedure and their
guarantees in favor of the individual
as TO indictment. trial and conviction
= and their provision for the security of
the liberty OF the individual are cN-
T actly the same as ours, for we derive
ours from them.
: "Our bills of rights. both In federal
: and state constitution. are simple
copies OF limitations found in the
Magma Charta the petition of right
and the bill of rights. which are part
: OF the British constitution
Lighter Regard for Law"
There Is the great difference. then,
between the effectiveness of the two
systems, ! believe IT to exist in the
character. experience and learning of
the judges, in the power which they
maintain and exercise in the course OF
the trial for the saving of time and
the simplihcation of the issues. and
In the respect and obedience given to
their limitations from the bench as
TO the proper behavior of counsel in
the conduct of the case. II there Is
any other reason for the difference, II
cannot be found in procedure
} 1T must be found in the lighter re-
gard for law and its enforcement on
the part of our people as a whole. and
consequent less rigorous public
, opinion In favor of the punishment of
crime, which relieves prosecuting Off
/ GERS and grand iuries from the high
r est standard in this regard. and which
finds I'M,
fuence in the jury panel during the
trial and in the jury room during the
: consideration of the verdict
, u wish TO comnent on the effect
! That the change in the power of the
Judge in this country In the matter of
y the management of the trial has had
1 upon his ability 10 shorten the meth
. DDS OF counsel for the defense and
Q their conduct in the court room.
: One Of the strongest Influences for
loosness In original trials In my judg.'
= ment has been the presence of LAWYERS
: IN our legislatures who have sought to
4 abate and limit by statute the power
Q OF the judges and to take away from
@ them this source of respect for their
: rulings which IL 80 apparent In every
: English court of Justice.
What believe to be an unfounded
@ fear of judicial tyranny and an unrea-
s sonable distrust Of judges have led to
; statutory limitations upon their power
r III inc conduct of criminal trials which
q have made the trial by jury in this
country, especially in the western
@ states, an entirely different institution
n from what II was understood to he AZ
Il the time of the adoption of our c,nsti-
, tuition.
n I'm many states judges are not per-
n mittod to comment upon the facts nj
!. all. They are not even allowed m
o c"arge the Jury after the arguments or
counsel but they are required to sub
"t written charges to the jury upon