The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-21
to hold him to ccoun for his stew

to hold him to ccoun for his stew
ardship.
II believe in providing for direct
nominations by the people, including
therein direct preferential primaries
for the election of delegates TO the
national nominating conventions. l
believe in the election Of United
States senators by direct vote. l be-
lieve in the initiative and referendum,
which should be used not to destroy
representative government. but to
correct it whenever it becomes mis-
representative.
II believe that the initiative and
referendum should be used. not as
substitutes for representative gov
eminent but as methods of making
such government really representa-
tive. Action by the initiative or ref
erendum ought not to be the normal
way of legislation; but the other to
take it should be provided in the con-
stitution. SO that if the representatives
fail truly to represent the people on
some matter of sufficient Importance
to rouse popular interest, then the
people shall have in their hands the
facilities to make good the failure.
And [ urge you not to try to put
constitutional letters on the legisla-
ture, and so many constitution makers
have recently done. Such action on
your part would invite the courts to
render nugatory every legislative act
to better social conditions. Give the
legislature an entirely free hand; and
then provide by the initiative and ref
erendum that the neople shall have
power to reverse or supplement the
work of the legislature should it ever
become necessary.
AS to the recall, I do not believe
! That l1rtsn yr ItHy -,~ r.
1T as regards shOrt-term elective Of
flcers. There remains the question of
the recall of judges.
Upright judiciary Needed.
An Independent and upright ju-
dietary, which fearlessly stands for
the right, even against popular
clamor. but which also understands
and sympathizes with popular needs,
is Il great asset of popular govern
ment. l believe in the necessity for
the courts Interpretation of the law
the law or to substitute some other
thing han law for it. But j agree
with every great jurist. from Marshall
downWards, when l say that every
judge is bound to consider two separ-
ate elements in his decision of a case,
on the terms of the law. and the
other the conditions of actual life to
- AAS &c" 40 ~ Oc dDplleU. UNIV
by taking both of these elements into
account is it possible to apply the law
as it's spirit and intent demand that
1t be applied.
Moreover. never forget hat the
Judge as just as much the servant of
the people as n other official. OF
course he must act conscientiously.
He must not do anything wrong be-
cause there is popular clamor for 1t,
any more thar under similar circum-
stances a governor or a legislator or
a public utilities commissioner should
do wrong. But in their turn the peo-
pie must follow their conscience, and
when they have definitely decided on
a given policy they must have public
servants who will carry out that
policy.
Keep clearly in mind the distinc-
ton between the end and the means
to attain that end. Our aim is to
get the type of judge that 1 have
described. to keep him on the bench
as Ion as possible. and to keep off
the bench and, If necessary, take off
the bench the wrong type of judge.
The question of applying the recall in
any shape is one of expediency mere
~. Each community has a right to
try the experiment for itself in what
ever shape it pleases.
II do not believe in adopting the
recall save as a last resort. when 1t
has become clearly evident that no
other course will achieve the desired
result. But either the recall will have
to be adopted or else it will have to
DO made much easier than it now is to
get rid. not merely of a bad judge, but
Or a judge who. however virtuous,
has grown so out Of touch with social
needs and facts that he is unfit lon
ger to render GOOD service on the
L DenCh. If Is n0nSanSa tn cov ft1ok ~,
parchment meets the difficulty. In
actual practice we have found that
impeachment does not work. hat un.
tit judges stay On the bench in spite
Of 1t, and indeed. because of the fact
that impeachment is the only remedy
that can be used against them.
"A quicker, a more summary, rem.
edy is needed: some remedy at least
as summary and as drastic as that
embodied in the Massachusetts con-
stitution. And whenever it be found
In actual practice that such remedy
does not give the needed results, I
would unhesitatingly adopt the recall.
IN which ! very earnestly believe, and
the immediate adoption Of which l
g When a judge decides a con.
stitutional question. when he decides
what the people as a whole can or
cannot do, the people should have
tHe I1enI 10 recall that decision If they
think 1t wrong. We should hold the
JUDICIARY IN all respect: but it is both
absurd n degrading to make a fetish
of a Judge or Of any one else.
Judges Not Sovereign.
MANY eminent lawyers believe.
and sometimes assert. that the Amer,
can people are not fitted for popuIn-
government. and that 1t is necessary to
Keep the judiciary independent of the
| majority or Of all tho naopI
there must be no appeal to the neo.
pie from the decision Of a u in anv
case; and that therefore the Judge.
are to. be established as SOVEREIGN
rulers over the people.
II take absolute issue with all those