The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-06
FACTS IN ARCHIBALD CASE.

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1t Is peculiarly unfortunate that charges such
as those that are now brought against Judge
.frcf777td. IF ttrr Commerce Court shoutd havc
been ncoessitltcd just at this time. when the
question of an independnt judiciary is vital
matter in SO many states. In fact. tho incident
IS another piece Of the Roosevelt luck"
In tho agitation Of questions like those of
The recall Of judges" aud the recall OF judicial
decisions" popular discussion does not go very
much deeper than the phrascoto in which
tho contention is contained. Men line up az
eressycly on either side with but the vaguest
notion NJ Tie meaning of their partsanship. IN
n looso va@ practically every voter in the coun-
try ',7e i,-afd of the 'rcrail nd IS for IT, CT
aaairst It. very much according to whether nc IS
tor ~ a-ailst Mr. Roosevelt and other advc-
eetes Il thr innovation. MANY do not even know
tlaaf the So. called reform can come only by
constitutional amendment, and 1t Is to he
doubted whether there Is anything like a gem
e~a1 appres lation Of the fact that the Federal
e-ft.u}i.+ts would have 10 he practically turn
20 pieces 70 apply the theory TO the courts OF
lie United States. Nevertheless. when cfrcu'n-
sttntia fscts come 10 light which tend to show
that a FeGeral Judge has been dealing prodtat1y
with railroad frequently lttigaut in his s3e-
cial court. the natural indignation If the people
viii turn itself naturally toward the recall as
possible remedy. It makes no difference that
I'm this the recall" Is Impossible. The
judiciary stands besn1irched. What Roosevelt
has been saying with wild abandon; what
muckrakera have been shouting in the maga-
zines. becomes sort # .astlcation Of the libel
after It's ufterance
! Wo sorry that the Archibald matter has
been delayed in presentation TO Congress Per-
hars tho President felt that the time Of agitation
against the courts and the time of n heated
political campaign, no time to stir he pot
| with scandal Possibly Congress has some
| such hope of calming the water of criticism by
keeping tho evidence secret until after the cleo
| ton. Either policy is mistaken. The truth
will come out 1t is better to let it come fully.
! and at once. Nothing fans a scandal as
attempted secrecy. 1t may lie that the stories
concerning what Judge Archibald did are exag-
ger-lt"d. 1t may be that there are no grounds
| upon which he may be presented to the Senate
| for trial upon the question of his impeach-
| ment However that may be- the hurt has. to
an extont. ALREADY been dens The damage will
be made only greater by effort at suppression
NJ evidence ana by making mystery Of the
facts.
! The vice ~ the recall" is not that IL FUR
n.shes method Of getting rid OF corrupt or
/ unsuitable Judges but that It gives an oppor-
! tauy to Gust good judges because their opinions
de not happen to jibe with the wind of none
! tarE impulse and lay Interpretation of law with
| a peculiar blindness. great many people fail
| to that orderly recall Is already provided
| for in all constitutions, TO be applied for just
eause. u Judge Archibald be guilty q having
dlckered his seat tho bench for business ad-
| vantage the best method OF undoing the hurt
| 10 sound opinion TO the judiciary to let all
! The facts come out to start the impeachment
| proceedings IN the House. to try him before
the Senate and if the evidence justify that
course, TO impeach him ia disgrace.
Such on example Of the power in the Con
stitution to purge the bench of accidental cor
ruption would he worth more IN laying tho
attacks tiTc courts than any argument how
eve- conclusive.