Evening star., 1911-08-15
Great Chance for Bosses.


Think of the opportunity such sys-
tenn would give to unscrupulous political
bosses in control, as they have been in
control not only of conventions but cleo
tions! Think of the enormous power for
evil given to the sensational. undertaking
portion of the press in rousing prejudice
against a just judge by false charges and
insinuations. the effect of which in the
short period of an election by recall it
would be impossible for him to meet and
offset. Supporters of such a system seem
to think that ii will work only in the
| interest Of the poor. the humble. the
weak and the oppressed: that 1t will strike
down only the judge who is supposed to
favor corporations and be affected by
the corrupting influence of the rich. Moth
ing could be further from the ultimate
result. The motive it would offer to un-
scrupulous combinations to seek to con-
troll politics in order to control the judges
| is clear. Those would profit by the re-
call who have the best opportunity of
rousing the jority of the people to
action on sudden impulse. Are they
likely to be the wisest the best people
| in a community? Do they not include
those who have money enough to employ
the firebrands and slanderers in COM
munity and the stirrers-up of social hate? !?
Would not self-respecting men well hesi-
| tate to accept judicial Office with such a
| sword of Damocles hanging over them
| What kind of judgments might those on
| the unpopular side expect from courts
whose judges must make their decisions
| under such legaliZed terrorism? The
character of the judges would deteriorate
| to that of trimmers and time-servers, and
independent judicial action would be a
| thing of the past. As the possibilities
of such a system pass in review. is it too
much to characterize it one which will
| destroy the judiciary, its standing, and
its usefulness?
| fy the judicial recall that it is only carry
| ing out the principle Of the election of
| the judges by the people The apr oint-
] ment by the executive is by the repre-
sentative of the majority. and SO far as
| future bias is concerned there is no great
| difference between the appointment and
the election of judges. The independence
| of the judiciary is secured rath-
and rreducible salary. Il is true
| that when the term of judges is for a
| limited number of years. and reelection
| is necessary it has been thought and
charged sometimes that shortly before
election in cases in which popular inter
est is excited judges have leaned in
| their decisions toward the popular side
Benefit of Fixed Terms.
| "As already pointed out. however. in
the election of judges for a long and
i fixed term of years. the fear of popular
/ prejudice as motive for unjust de +
| sions is minimized by the tenure 1 the
| one hand while the opportunity which
1 the people have. calmly to consider he
| work of judge for a full term of years
| in deciding as to his reelection gen
| orally insures from them a fair and rea
sonable consideration of his qualities as a
! Judge. While, therefore. there have been
| elected judges who have bowed before un.
| just popular prejudice. who have
| yielded to the power of political bosses
| in their decisions, | am convinced tina,
| these are exceptional. and that on the
| who e. elected judges have made great
Amcri an judiciary. But the success OF
| an elective Judiciary certainly furnishes
| no reason for so changing the Ts:em
| as 10 take away the very safeguard:
| which have made il sacc essful
Attempt is made to defend the pr nciple
| of judicial recall by reference to states
| in which Judges are said to have shown
| themselves to- be under corrupt corporate
| influence and i'm which il is claimed thai
nothing but a desperate remedy will SUI.
flee II the political control n such
states is sufficiently wrested from cor
rupting corporations to permit the enact
| ment of a radical constitutional amend
ment like that of judicial recall il woult
seem possible to make provision in il.
stead for an effective remedy by impeach
! ment in which the cumbrous features o
tho preseut remedy might be avoided bu
the opportunity for judicial hearins; an,
| defense before an impartial trihuna
might be retained. Real reforms are no
70 be effected by patent short cuts or b,
abolishing those requ remenfs which tn,
experiance. Of ages has shown to be es
sential in dealing justly with every one
Such innovations are certain in the Ions
run to plague the inventor or flrst usel
and will come readily to the hand Of thu