The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-23
WHAT SUTHERLAND MISSED.


! wherein he declared that the people
were neither intelligent enough nor IL
any way fitted to pass upon current
legislation by way of referendum. ol
to act through initiative or in any leg
lslative capacity. but fully competent
TO pass upon constitutions and consti
tutionaI amendments. Mr.. Suther
land s idea was, that it is necessary
to have men of highly trained intelli.
gence, of deep learning In the law. OF
great public experience, Of the utmost
probity, and of the highest trained in.
telligence to serve as legislators for
the people, The people cannot be
trusted TO legislate for themselves by
way of initiative, or to fairly and in,
tellgently pass upon legislation by way
OF referendum. The highly trained
ability which we always have in Our
legislatures, according to Mr.. Suther'
land, the men fitted by great ability,
study, preparation, skill, and states
manlike qualities, should suffice the av-
erage voter, to whom legislation can
not be entrusted without danger to the
State, We do not ourselves notice such
conspicuous prominence in Legislators,
but since Senator Sutherland had no
ticed it particularly, and dwelt on it
lovingly. we suppose because two Utah
legislatures have Hclected him to the
Senate that Mr., Sutherland s very high
kor of
lators must stand. 1t is, we confess,
hard to admit it in its entirety of
members of some legislative bodies, not
only in Utah, but elsewhere. But, if
this is necessary to establish the foun-
dation for Senator Sutherland 8 speech;
as IT seems to be, we suppose his point
will have to be conceded for the pur-
poses of that speech at least,
When Senator Owen went TO the dis
cussion of the sacredness of courts. and
the supposed sacrilege Of questioning
their decisions in any way, although
the courts themselves are in no wise
backward about overturning decisions
of other courts making, and especially
rulings and decisions Of nisi prius
Judges, and since we quite commonly
find a succession of steps in the course,
the appellate court overturning the
trial court, then the next appellate
court overturning the first appellate,
and so on, we are led to the conclusion
that the courts themselves do not at.
tach any particular sacredness to court
rulings. And conformably to this idea
Senator Owen quoted Hon Charles
Summers piercing arraignment of
some of the fatal judicial processes of
history,
Passing from the general to the spe-
cific, Senator Owen showed that the
initiative and referendum are In the
Utah constitution. They were put there
under Republican auspices, and in pur-
suance of Republican party PROPOSE
tions. Worse yet, Mr.. Owen showed
that by the constitution of Utah CAR
ticle 8, section ID Judges may be re-
moved by the legislature by the con-
current vote Of both Houses without
any impeachment at all. This also was
a measure proposed by Republican pol
lticians, and is just as dangerous a
power as any proposition for the recall
of the judiciary by popular vote; for
party legislatures are quite as much a
peril to the bench in the way of recall
as are the voters at large; in fact, a
good deal more so, because the party
power can be brought to bear swiftly
and compactly at any time during the
session of legislature, The danger
in the recall of judges by the legisla
ture. as provided, is far greater than
in the popular recall. 1t appears.
however. that Senator Sutherland had
lost sight altogether Of this Republican
provision In the constitution of the
State of Utah, and thought that judges
could be removed from Office only by
impeachment. But now that it is
shown that judges can he removed
from Office in Utah, merely by the con
current vote of the two houses of the
legislature, there would appear to be
llLI!S IefI OI lUS CutDeTJEnu speech on
this score. If there had been a Demo
cratic Judge In the State of Utah dur
ing the last session of the legislature. it
would have been very easy for the
Federal bunch TO have ordered his re-
moval by the concurrent vote of the
Utah legislature Of 1911 We say this
because of the subservience of that
legislature TO the Federal bunch, be
cause of its deep.dyed partisanship.
and because il actually did pass a law
designed TO set aside the will of the
people Of Logan with respect to a mere
local Office over which q political souab-
bic had arisen The VALIDITY Of this
law. which is clearly special legisla
tion, the like of which is directly for.
hidden BY the constitution, is now at
issue in the courts.
With respect TO the general PROPOSE
tion that any Senator voting for the
admission Of Arizona with the proyis-
ion for the recall of Judges in ITS con.