The Birmingham age-herald., 1912-08-28
Would Deprive Public of Judges of Ability and
 Character
RACE QUESTION
 QUICKLY SETTLED
Three Negroes, Now Members, Al lowed to Retain Seats-Race Must Be Indicated to Executive
 Committee in Future

Milwaukee, Wis August 27.--Fifty- four lawyers. with at least one from each state. today completed for pres citation report denouncing as dan gerous 10 the country all movements for the recall of judges or of Judicial decisions
 The report cites that in Ohio the constitutional convention declined to apply the recall to the judges, but pro- vided that laws should be passed for prompt removal on complaint and hear ing of judges for any misconduct in- volving moral turpitude. The report says this. substantially is the system used in Massachusetts. New York and several other states
 Those who signed the report include Frank B. Kellogg. Minnesota; William B. Hornblower, New York; Lawrence Maxwell, Ohio; Edmund F. Trabue, Kentucky; and Jacob NJ. Dickinson, for mer Secretary of War, who is named as one of those who originated the com mittee to expose the fallacy of judi cial recall
 Mdny ASSOCIATIONS
 We are pleased to report" says the committee, that the bar associations of many states have taken action opposed to the principle of judicial recall. In numerous other states action undoubt- edly will be taken.
 We maintain that the recall applied to judges will tend to deprive the pub lie of judges of ability, character. high sense of duty and due regard to enlightened public sentiment, and that such judiciary is absolutely neces- sary to the existence of a constitu- tional democracy.
 The application of the recall to an ordinary official may be a question of expediency but it Is not fundamentally wrong. To apply 1t to the judiciary is in violation of the principles of gov ernment which ages of experience have demonstrated to be wise. In the states and in the federal government we have tae right of impeachment and in sev-- erai of the states the right of removal of judge by the legislature. If the right of fmpea chment fig not sufficient. an adequate remedy can be created for the removal of a judge for conduct in- consistent with his office after com plaint is made and he is given an op-
 
 fense. In this way the independence of the judiciary is maintained and a judge Is removed simply for incapacity or misconduct in office.
 "The advocates of this system claim that it is in the interest of the com mon people. This we deny For more than 300 years the greatest bulwark for the protection of the mass of the people has been courts. There never was a time in our country when any man, however poor or humble, could not apply to the courts and be as sured of protection Is 1t any re- proach upon the courts that they have extended the same protection to the rich and powerful when assailed by popular prejudice"
 Race Question Settled
 Ten minutes was devoted to settle ment of the question whether negro lawyers should be admitted to mem bership. A resolution presented by MT Dickinson was adopted. providing that hereafter when negro Is nominated for membership his race must be in dicated to the executive committee.
 Attorney General George w Wicker sham declared the resolution created a permanent member of William II Lewis, an assistant to the Attorney General, who, with two other negro lawyers. had been unseated by the ex- ecutive committee because of their race. Lewis, Butler R. Wilson of Bos- ton and William R. Morris of Mnne- apolis were then said to be regularly seated.
 Many endeavored to discuss the sub ject but the motion was carried be- far