Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-02-21

that there Is any great necessity for
u rs regards short term elective ON
GERS. There remains the question OF
the recall OF Judges.
AN Independent and upright 3udic-
larry which fearlessly stands Tor the
right, even against popular clamor,
but which also understands and SYM
pathizes with popular needs, is "a
great asset OF popular government. l.
neltest IN the necessity for the courts
Interpretation OF the law as law
without the power To change the law
or TO substitute some other thing
than law for II. But / agree with
every great jurist. from Marshall
Gownwards. when ] say that every
iadge Is bound 10 consider two separ-
alto elements In MS decision Of case,
one the terms 81 the law. and the
other the conditions of actual life 10
which the law Is % be applied. only
by taking both Of these elements in
20 account II Is possible 10 apply tho
law as its spirit and Intent demand
that II be applied.
Moreover. never forget that the
| Judge Is Just as much the servant 81
course he must act oonscient5ously
lie must not DO anything wrong be-
cause there Is popular clamor for H.
any more than under similar cir
! cuinstances governor or Legislation
or public utilities commissioner
should do wrong But IN their turn
the people must follow their con-
science, and when they have deiinita.
~ decided on a gisen policy they mus
have public servants who VIII carr,
cut that policy.
Keep clearly IN mind the distlnc
ton between the end and the mcan
70 attain that end. our aim Is q
set the type Of Judge that have de-
soribed. to keep him on the bench az
long as possible, and 10 keep of IN
bench and 81 necessary. take of tn
bench the wrong type az judge. TIT
lquostlon OF applying the recall ID
any shape Is one og oxpodiency mere
/ ~. Each community mas a right q
Try the exporimcu, for itself in what
ever shape Il pleases
II do not believe IN adopting Tia
recall save as "a last resort, when
has become eleary evident that ~
other course viii achieve the dcaire'
result but either the recall sal
have 20 oe adopted or else 10 viii hnW
30 be made much easier thun Il nov
b. 10 get rid, not merely oi q ba'
81 ige but ~ u Judge Aho. howeNe
ylrtuOus has grown 80 out or touc
with social needs aud facts that %
Is unit longer 80 render good serVie
on the bench. ID Is nonsense 20 ga
that Impeachment meets the difficult,
in actual practice sc have found ina
Impeachment does not work, that an
az judges stay on the bench Ia spit
LOT H. and indeed because OF the fac
that Impeachment 10 the only rcmed
that can be used against them.
"a quicker, a more summary rem
edy Is needed. SOME remedy al leaf
a. summary and az drastic as tha
embodied IN the Massachusetts, con
stitution. And whenever Il be foun
IN actual practice that Fuch romed
does not give needed results, / woul
unhesitaunpiy adopt the recall,
"Bus there n one Kind Of recall q
which very earnestly believe. an
the Immediate adoption OF which
urge. When a Judge decides a con
stitutional question, when no decide
what the people as a whole can @
cannot 40. the people should nav
the right 40 recall that decision
they think II wrong, We should mol
the judiciary In an respect but u
both absurd ana degrading 20 max
fetish OF a judge on ~ any one else.
MANY eminent lawyers believe
and sometimes assert, that tho Amorl
can people are not lhtied for popula
government. and that IL IL necessary
10 keep the judiciary independent q
the majority OF OF All the people