The Bemidji daily pioneer., 1912-03-09

popular opinion. 1t is said that courts
are interposing their obstructive pow,
er to the enforcement Of legislation
looking to the relief of the oppressed
by declaring laws unconstitutiona!
and by so-called judicial legislation
| Interpreting iniC statutes words no,
! intended by the legislature. do not
| intend to discuss these charges al
! though il reduced to specific cases il
would be easy to show many of them
to be nnfoanded.. a.
The Judicial Recall. ~.
For the purpose Of this discussion
may admit that courts have erred In
this regard, have unduly broadened
or have given such statutes a wrong
construction. How is it proposed tt
remedy these wrongs? In one of the
two ways either by the judicial recall
of by the recall of judicial decisions
! Let MS examine these remedies separ
ately.
/ In the remedy by judicial recall il
is proposed to provide by law that
whenever a Judge has so discharged
his duties as to induce certain per.
centage of the electorate to deem ii
wise to remove him and that percent
age sign a petition asking his recall
an. election shall take place in which
the incumbent shall stand against
Il other candidates. and if he does not
secure a plurality of votes he is ipso-
facto removed. I have pointed out
that under our form of government
and constitution many of the issues
arising before our courts are in effect
issues between the state and the in
l ilividual, between the majority and
the minority, cases in which the popu-
/ lar interests might be greatly excited
1 to secure a favorable Judgment. Ry
this system the question whether the
| Judge Is to be removed or not is to he
left to that majority that may be
greatly aroused to secure from him
! Judgment favorable to them. Gould
a system be devised better adapted tc
deprive the judiciary of that inde-
! pendence> without which the liberty
| and other rights of the individual can.
not be maintained against the govern.
ment and the majority?
! But it is said we may have corrupt
Judges. How are we going to get rid
Of them? They can be impeached
under our present system. But that
Is too cumbersome. Well, amend the
procedure of impeachment Create
tribunal for removal of judges TO,
cause Give them an opportunity to
be heard and by an impartial tribunal
but do not create system by which
in the heat of disappointment over a
lost cause the defeated litigants are to
decide without further hearing o,
knowledge whether the Judge who de-
cfdes against them is to continue in
! office It would be hard to devise a
more unjust and ineffective method of
purifying the judiciary or one less
likely to promote courage Of honest
conviction.
Recall Of Decisions.
Let us examine the other method
proposed for the reform of the judici-
ary. That is a recall of decisions. By
this method when supreme court
has found law intended to secure
public benefit to be invalid because it
infringes some constitutional limita.
ton, the decision is to be submitted
to vote Of the qualified electors and
if majority of them differ with the
court and reverse the decision the law
Is to be regarded and enforced as va
lid and constitutional.
This is remarkable suggestion and
one which is so contrary to anything
in government heretofore proposed
that it is hard to give it the serious
consideration which it deserves be-
cause of it's advocates and of the con-
ditions under which it is advanced.
What the court decides in that the
enacted law violates the fundamental
law and is beyond the power of #
legislature to enact. But when this
issue is presented to the electorate
what will be the question uppermost
in the minds of most of them and
forced upon them by the advocates of
law? Will it not necessary be whether
er the law is on it's merits a good
law rather than whether it conflicts
with the constitution. The interpre-
| tation of the constitution and the op.
Grafton of law to violate some lin.
| itation OF that instrument are nice
questions to be settled by judicial rea'
! soning and far-sighted experience
which are not to be expected Of the
electorate or welcomed by it. If the
issue is transferred to them the sim
pie question will be of the approval
or disapproval of the law. What this
recall of decisions will then amount
to If applied to constitutional ques:
tions is that there will be a suspen-
sion of the constitution to enable a
temporary majority of the electorate
to enforce a popular but invalii act.
Suppose the act to be invalid be.
cause it infringes the rights of liberty
of certain popular class and by in
direct means suspends the writ OF
habeas corpus in their cases. ask
| any candid, fair minded man if the
decision of such question when sub.
mitted to a popular majority is not
likely to turn rather upon the popular
disfavor Of those affected than upon
the possible infraction of The consti.
tutional liberty of citizen Let an.
other law involving other classes who
could make themselves heard be sub
mitted and would not the courts de.
cisfon likely be sustained by the min
Ority? .. !.
Special Privileges.
~ j - 4 Z i D. =