The Calumet news., 1912-02-21

the people as any other official. OF
course he must act conscientiously.
He must not do anything wrong be-
cause there is popular clamor for IT,,
any moro than under similar circum-
stances governor or a legislator or a
public utilities commissioner should do
wrong. But i'm their turn the people
must follow their conscience, and
when they have definitely decided on a
given policy they must have public ser
wants who will carry out that policy.
Keep clearly in mind the distinction
between the end and the means to at
tain that end. Our aim is to get the
! type Of judge that have described, to
keep him on the bench as long as pos
sible. and TO keep of the bench and.
If necessary, take off the bench the
wrong type of judge. The question Of
of eXpediency merely Each communi-
~ has a right to try the experiment
for itself In whatever shape 1t pleases.
Il do not believe in adopting the re-
call save as a last resort. than IL has
become clearly evident that no other
course will achieve the desired result
But either the recall will have 10 be
adopted or else it will have TO be made
much easier then it now is to get rid.
not merely OF a bad judge, but of a
judge who, however virtuous, has
grown so out of touch with social needs
and facts that he is unfit longer TO
render good service on the bench. II is
nonsense TO say that impeachment
meets the difficulty. In actual practice
we have found that impeachement does
not work, that unfit judges stay on the
bench in spite of Il. and indeed. be-
cause 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 Consti-
tuition. And whenever it be found
in actual practice that such remedy
does not give the needed results.
would unhesitatingly adopt the recall.
But there is one kind of recall in
which ] very earnestly believe. and
the immediate adoption OF which l.
urge When a judge decides a Con-
stitutional question. when he decides
what the people as a whole can or can
not do. the people should have the right
to recall that decision if they think IL
wrong. We should hold the judiciary
in all respect; but it is both absurd
and degrading to make fetish of a
judge or Of any one else.
Judges not Sovereign Rulers.
MANY eminent lawyers believe. and
sometimes assert. that the American
people are not fitted for popular gov
ernment. and that it is necessary to
keep the judiciary Independent of the
majority or of all the people; that
there must be no appeal to the people
from the decision of a court in any
case; and that therefore the judges
are to be established as sovereign rul-
ers over the people.
Il take absolute issue with all those
who hold such a position. / regard II
as complete negation OF our whole
system of government: and If IL be-
came the dominant position In this
country, il would mean the absolute
upsetting of both the rights and the
rule Of the people. If the American
people are not III for popular govern
ment and If they should OF right be
tho servants and not the masters OF
the men whom they themselves put in
office then Lincoln's work was wasted
and the whole system OF government
upon which this great democratic re-
public rests is a failure. | believe, on
the contrary. with all my heart that
the American people are ft for COM
plete self-government. and that in
spite of all our failings and shortcom-
ings, we OF this republic have more
nearly, realized than any other people
on earth the ideal of justice attained
through genuine popular rule.
III the courts have the final say-so
in all legislative acts, and II no appeal
can lie from them to the people. then
they are the irresponsible masters OF
the people In other words. those who
take this position, hold that the peo-
PIE have enough Intelligence to frame