The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1912-03-21
NOT A RECALL OF JUDICIARY:
BUT APPEAL FROM DECISION
Much Mooted Subject of Needed Reform in Higher Courts
Ably Discussed and Practical Rem
edy Offered.

hN VI luC dUlSSI dTblClcS YET
appearing on the subject of the
recall of judges, matter which
has been brought more prominent
~ before the public than even
before by the recent speech OF
Mr.. Roosevelt before the Ohio con
stltutlonal convention at Colum-
bus and one which must be met
and solved, has just appeared
from the pen of Lyman Abbott,
editor of the Outlook. The article
Is given below, and should be Civ
en careful perusal by our read
ers; 1t is worthy Of it.:
What do we mean by the re-
call of judges? We mean that
Whenever specified number OF
voters in the community think
that judge has decided case
wrongly, or is in the habit of de-
clding cases wrongly, they may
demand that the community de-
termlne at special election
whether he shall remain upon the
bench or shall be removed and
some one else chosen to take his
place. The Outlook does not be-
lleve that this would tend to so
briefly and steadiness of judgment
IN the judges or to justice in the
community toward the judges.
Opponents of the recall of judg
es must realize that for the de
mand of this radical measure
there is some reason. The admin.
istration Of justice in the United
States is not satisfactory to the
people of the United States. 1t
is too costly it is often subject
to intolerable delays; it not in.
frequently puts check upon the
will of the people, not because
that will is unjust, but because
it is contrary to legal traditions
it not infrequently indicates in
the judge a greater familiarity
with legal maxims than with hui
man conditions, and a greater de-
sire to sustain legal maxims than
to sustain human rights, and at
times a better comprehension of
the interests of a class and ten
dency to decide in the interests
of a class rather than in the in
terests of the whole people.
When in the famous Bakeshop
case the supreme court held by
a narrow majority that the law
limiting the hours of the workers
in the bakeries was not constitu-
tional because it was not neces-
sary to the preservation of health,
the court determined a question
on which it was not informed,
and aroused a passionate feeling
which found expression in the
notices posted in some of the
underground bakeries of New
York City: 1.-The supreme court
of the United States says that
this is a healthy place to work in
if you do not think SO, vote for
Debs. = When the New York
court of appeals by a unanimous
vote declared the workmen s com
pensation act void because it vio-
lated the clause in the constitu-
ton. forbidding the taking of
property without due process of
law, and at the same time recog-
nized that the principle involved
was essentially just and the en-
actment was desirable, the dissat-
isfaction of the people with this
check ON the needed protection
of the workingmen from palpa-
Bile injustice was entirely justi-
fled
Evils in the present admins
tration of justice in this country
have been recognized publicly by
President Taft, by one of the
judges of the supreme court of
the United States, by other judg-
es, by prominent lawyers in diff
ferent parts of the country, and by
at least two important bar asso-
Citations. The evils cannot be ig-
nored; they ought not to be be-
Titled. But the Outlook does
not believe that the recall of un-
popular judges by universal suf-
frage in a special election turn
ing upon the fitness for the Of
flee they hold is the true remedy
for these evil conditions. The
reason frequently assigned for
such recall is the reason why the
Outlook is opposed to it. It is
often advocated on the ground
that the judges should be more
Immediately responsive to public