New-York tribune., 1912-03-15
Club Unanimously Stands by
Report Against Roosevelt's
Doctrines Affecting
the Judiciary.
VITAL BLOW AT JUSTICE
Plan Would Plunge Country Into
Condition of Anarchy, Resolu.
tion Says, Calling for
Patriotic 0ppo- 1
sition.

The Union League Club at Its monthly
meeting last night adopted unanimously
the report of it's standing committee on
political reform. which condemned tho
| recall platform advocated by Theo-
dore Roosevelt In his Columbus speech
as system which would throw the
country into condition Of hopeless
anarchy"
! It was the largest meeting the Union
| League Club has had in years, and tn"
reading of the report by Robert N. Ken
yon was greeted with bursts Of applause.
Robert G. Morris Is chairman of the
committee, and its membership includes.
ex-senator George b. Agnew, James q.
Cannon. Job E. Hedges. Reuben Leslie
Mitchell, ]. Van Vechten Olcott and
James r. Sheffield.
| The resolutions with which the report
ends were adopted unanimously. The
report discusses In detail the results
that would follow the adoption of the
recall of judges. explaining that though
the question had been discussed in oc-
casional magazine articles for a year Or
so and in the Senate debates of the sum-
mer Of 1911 regarding tho constitution
Of the new State of Arizona 1t was still
a startling proposal for the people OF
the country.
! But when a person who has occupied
| the highest office In the gift of the peo-
! pie and who has been a powerful leader
of his party, in formal address deliv-
cred before a convention called to revise
| the constitution of one Of the most con-
servative states In the Union, clearly
and emphatically urges the adoption OF
a system Of judicial recall. and within
few days thereafter announces himself
as a candidate for reelection, presuma-
bly, upon a platform embodying such a
proposal" the report says, 1T is time
that thoughtful men should give their at
tention to this subject and that popular
opinion should be aroused to combat and
overthrow these dangerous doctrines"
Danger to Justice and Freedom.
The report ended with a recommends
ton for the adoption Of the following
resolutions:
| Resolved, BY the Union League Club OF
| the City of New York that the recall OF
Independence of the Judiciary which is 20
essential to the administration of equal and
! impartial justice; that such system -
contrary to the spirit Of our institutions;
| the fundamental rights of life, liberty and
property of all our citizens, the poor equal
! ly with the rich. and would seriously lnl-
| peril the very existence OF free govern
ment; and,
Resolved That the proposed plan Of re-
| viewing at the polls the decisions OF our
| tions would have the effect Of destroying
all constitutional guarantees. and OF over
| throwing our system OF constitutional gov
ernment, which has heretofore been me
| has for over a century commanded the re-
| spect and admiration OF the world; and,
Resolved That the Union. League Cluo
| appeals to all loyal and patriotic citizens
| irrespective OF party. to oppose 10 tneir W,
most these dangerous and revolutionary
| proposals which threaten 10 overthrow III
! common ruin both justice and freedom
After pointing out 'that the corner
stone OF the whole judicial edihce' has
been the independence OF the judiciary
and explaining that the adoption OF the
judicial recall meant a certain suoser-
vience to the popular will of the moment
by judges, the report says;
II is now proposed to change all this and
70 adopt in its place a system or recall
which is so new and so untrfed that there
IS no experience of any extent or OF any
value from which any safe or reasonable
deductions can be drawn 10 snow wnetnsr
the system will remedy the alleged evils
which 1t is intended to corree, or vii n,nari, Iii
crease them 10. such an extent as 10 lmpern
ali rights and to throw US into a conuitioh
of hopeless anarchy.
Fear Time serving Judges.
Instances OF judicial corruption under
the present system. the report says, have
been so rare in the history OF the coun-
try that their very rarity has made them
seem more heinous and has caused then,
IN assume a larger relative Importance
than they really deserve. ~he report
continues:
The system of judicial recall strikes down
at a single blow the Independence Of the
Judiciary, and changes the nature OF the
judicial office from one Of disinterested, un-
selfish and impartial action 70 one OK po-
call fudge will inevitably feel CONSTRAINED
TO take into account the ebb and now OF
public opinion Some judges Will no DOUBT 90
Thought of the consequences. But the IN
evjtable tendency will be with many judges
to introduce into their thoughts and actiohs
the element of time serving, which Will de-
feat Justice instead of promoting II A law
that Is to be construed and applied one way
to-day ana another way Tomorrow because
of the changing moods of public sentiment
or feeling Is nothing but delusion ana q
snare III a Judge Is subject TO recall a.
the polls. II means necessarily thar Defors
he renders a decision he must stop an9
ask himself. What viii the people think
OF it?' And with that question there VII
come the temptation. IL there Is anything IN
his decision that may even temporary
offend any powerful interests or any con.
siderable body OF the people. 10 temper ana
modify II so as to save himself from a pos
sible attack.
After asserting that the recall wouid
make judges asubservient to political
bosses who would control the machinery
by which recall could be effected. the
report says:
II Is admittedly of the highest conse-
ouence to secure honest, upright anu lntscs lntsrs
iieent Judges and to remove from the bencn
any Judge who has been guiIty o. III
ton or Immoral conduct or VINO ~ cIsary
incompetent. II the present metnop ot III
neachment by the Legislature ~ 700 cum ,ie,
bersome or is Ineffective. let US SIMPLY
n and make II effective. but let no JuocwS
he removed without a fair trial N wn,cn "a
the facts can be fully m%sped snowp snS Sv 6siiS-
erstiye era body having full opportunny .sS s
ms,ar the evidence and to determine tne
issue calmly and dispassionatey'
wouId Abolish Constitution.
The question of the recall OF judicial
a.c,s,ors on constitutional questions the
-,,1-. a,snosed of with words that did
Aod