The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1912-02-22


on given policy they must have pub.
lie servants who Will carry out that
policy. |
Impeachment a Failure.
Keep. clearly in mind the distinction
between the end and the means to at
tain that end. 1, 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 or the bench and, IL
necessary, tGke of the bench the
wrong type OF Judge. Under the con-
dttions set forth IN the extract from
the letter given above would per-
. sonaliy have favored the recall of the
judges both In California and In Mis-
= souri,, for no damage that could have
been done by the recall would have
equaled the damage done to the COM
munity by Judges whose conduct had
revolted not only the spirit Of justice,
but the spirit Of common sense. lido
not believe In adopting the recall save
rs q last resort, when it has become
clearly evident that no other course
will achieve the desired result. But
either the recall will have to be adopt-
ed or else It will, have to be made
much easier than it now is to get rid
not merely Of a bad Judge, but Of Il
, 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
1t Is nonsense to say that impeach-
ment meets the difficulty. In actual
practice we have found that impeach-
! ment does not work; that unfit judges
stay on the bench in spite Of 1t. I'm
! parchment as a remedy for the Ills Of
; which the people justly complain is q
complete failure. A quicker, a more
, summary, remedy is needed.
But there Is ono kind Of recall in
! which very earnestly believe and tho
! Immediate adoption Of which I urge.
! There are sound reasons for being eau.
tious about the recall Of good Judge
! who has rendered On unwiSe and i'm
! proper decision. Every public servant,
no matter how valuable, and not omit.
; ting Washington or Lincoln or Mar
! shall, at times makes mistakes; there
/ fore we should be cautious about re-
| calling the judge, and we should be
|
with the judge In decisions which he
| makes III the ordinary course as be-
! tween individuals. But when Judge
decides a. unconstitutional question, when
! he decides what the people rs whole
can or cannot do, the people should
! have the right to recall that decision
II they think it wrong. We should hold
the Judiciary in all respect, but it is
| both absurd ind degrading to make Il
! fetish or Judge or of any one else.
| Abraham Lincoln said in his first inau-
! Sglral: If the policy of the government
upon vital questions affecting the whole
people is to be irrevocably fixed by de-
| cisiOns OF the supreme court
the people will have ceased to be their
own rulers, having to that extent prac-
| tically resigned their government into
! the hands of that eminent tribunal.
; Nor ia there in this view any assault
upon the courts or the judges" Lin
coin actually applied in successful fash
ion the principle Of the recall in the
bred Scott case.
Trust the People.
! Many eminent lawyers who more or
less frankly disbelieve in our entire
American system of government for,
I by and Of the people violently antago-
nize this proposal. They believe and
sometimes assert that the American
people are not fitted for popular gov
eminent 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 court in any
! case and that therefore the judges are
| to be established as sovereign rulers
over the people. I take absolute issue
with all those who hold such a posi-
ton. I regard it rs q complete mega
ton Of our whole system of govern
ment, and if 1t became the dominant
! position I'm this country itwould mean
the absolute upsetting Of both the
rights and the rule Of the people. If
| the American people are not fit for
! popular. government and If they should
| or right be the servants and not the
masters Of the men whom they them
selves put in Office, then Lincoln's work
was wasted and the whole system Of
government upon which this great
! democratic republic rests is failure
; ] believe, on the contrary, with all my
heart that the American people are fit
| Tor complete self government and that
In -spite-ef all-our- failinSs and short
| comings we Of this republic have more
nearly realized than any other people
on earth the ideal Of justice attained
through genuine popular rule. If the
courts have the final say so on all leg
lslatiVc acts apd If no appeal can lie
from them to the people. then they are
the irresponsible masters Of the people
Tho only tenablc excuse for such n
position IS the frank avowal that the
, people lack sufficient Intelligence and