Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-02-01
THE uEuALL OF JUDGES.


The recall OF judges seems to be
getting more attention nowadays than
So crude a measure could ever really
deserve Only the other day Robert
NJ LaFollette informed n New York
audience in his most dramatic manner
that wneu ne advocated the recall Of
judges he meant the retirement OF
such judges as would read into a law
words which It's makers never intend
ed This was clearly n slap at the Su.
preme Courts construction of the
Sherman law in the Standard OIL de-
cision, and as such It furnishes a good
Illustration OF the weakness Of Sena-
tor LaFollette's position.
The man who is generally conceded
to have framed that law has stated in
black and white that the construction
given by the Supreme Court did not
go outside the meaning intended by
the legislators. So what Senator La
Toilette means is that he would re-
tire Judges whose decisions he does
not like. It should be remembered
| that Charles Evans Hughes was one
of the concurring Judges, and there
fore one of those whom the senator
would be pleased TO recall. Even
Senator La Toilette would probably
admit that Justice Hughes is as hon
est and good man as the senator
himself. So II reduces to a question
OF getting our courts into politics, of
letting the people take the mead off
n Judge If his understanding OF what
idea OF what the law ought to be
which possessed them at the moment
! Popular government. although we
have become accustomed to think Of
1t as almost an end In itself. is in the
last analysis only means to good
government And good government
according to our modern conception is
government which will be best for
the greatest number not at any par
ticuiar time but in the long run. AT
one time or another almost everyone
is sure to he in the minority That
is why good government demands that
the popular will be crystallized into
laws and constitutions and allowed to
stand a definite length OF time before
being changed. instead of subordinat-
ing everything to the popular within
of the moment.
Laws should remain law long
enough for men who have something
to do in the future to know for lit
tie time ahead what is going to hap
pen. what protection they can look
forward to. how they will he allowed
to do 1t and thousand other things
that a man wants to know before he
plants a crop or enters into a contract
for next years work or does anything
that Is likely to bind him in times to
come. And II laws are to stay put,
courts must stay put. II you allow
Judge for. not deciding that the law
means what tho majority would like
to have 1t mean and to put In his
place a judge who will construe II to
mean what they momentarily want It
to mean. you are changing the law be
tween times and undermining the
principle OF stability so important in
government.
There are more arguments against
the recall Of judges than one oan men,
ton In short space. 1t would tend
to substitute mere popularity for
learning and real worth. 1t would
make judges afraid Of any political
boss who might come up for trial be.
fore them. II would give us even more
and more complicated. politics thar
} we have now. But the biggest ant
deepest reason OF all is, the one dis
cussed above. that It would be to tho
disadvantage OF the majority in Tho
long run. Courts are TO secure tn,
rights Of the temporary minorit.
against the oppression Of the momen
} tary majority. lItgants want, O
should want. II Judge who viii be ex
port In deciding what IL just. rathe
than In deciding what Is likely t.
please the greatest number of people