Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-05-23
Senator Crawford Sees De-
fects in Present System.
FAvORS LIMIT ON TERMS
Would Fir Ten.Year Tenure for In.
ferior Federal Benches.
POINTS OUT THE VALUE
Believes Plan Would Inspire Good
Work and Gust In
competents.

Admitting that there is much which
calls for criticism in the administration
OF the courts. senator Crawford OF South
Dakota in a speech in the Senate today
urged that Congress give heed to the
''glarfng defects and advocated the
Passage of an amendment to the federal
Constitution fixing the terms Of Office OF
judges OF inferior federal courts at ten
years.
There is much which calls for crit
icism in the administration Of our
courts" MIR. Crawford said. There are
defects In judicial procedure. both civil
and criminal. which all admit should be
remedied. While. as rule. our judges
have been and are men OF the highest
integrity and honor. sngularIy free from
undue influences. there are exceptions. of
course, where, unfortunately, powerful
and selfish influences reach the judge
and secure unfair advantage. but such
cases are rare. When the court is a
state tribunal and the term of the judge
elective the people can easily correct
abuses. If they earnestly desire. by re-
forming the judicial procedure. shorten
ing the term OF the Judges and refusing
TO re-elect the unworthy ones.
Case of Federal Judges.
But the remedy is more dificult where
the judge is a federal officer holding his
position during life and good behavior.
and where he cannot be removed except
by impeachment The inferior federal
courts. however. are creatures OF stature.
Except as to tenure of ONCE Congress
can control them. 1t may. in it's dis
erection, abolish them or reduce thei.
powers or limit their Jurisdiction.
THE irritation and the uneasness OF
the people and their hostility TO tho
courts are directed largely against these
inferior federal courts: and should an
amendment fixing the term OF these
judges at q period of ten years be sub
mitted. ii would. I'm my opinion. be ratl-
fed by the necessary number OF states
because OF prevailing opinion thai some
Of these federal judges are too indif-
ferent to the rights of the people. and
not sufficiently responsive to present-day
needs and present-day conditions when
passing upon issues between the people
and special interests.
THE fact that at the expiration OF q
fixed term his conduct as a judge would
come under review by the President and
the Senate. both OF them. when deter
mining whether or not he should be re-
appointed, acting under the scrutiny ana
watchful eye of the public. would not
destroy his independence. but It would
operate as o wholesome restraint upon
the judge, while the expiration OF his
term would furnish the opportunity 70
dispense with the service Of an unworthy
or incompetent man. ] believe an amanda
ment OF this kind would improve the SsdH
eral judiciary"
Defects in the Courts. !,
Discussing some Of the dsfects- se III
courts. Mr.. Crawford continues
TT behooves US to heed the com1
plants that are being made on every
hand in regard to glaring detects I'M
the civil and criminal procedure oe'
both the state and federal judiciary
Mere technicalities, appeals based upon
bubbles and taken for delay. unneces-
sary peremptory challenges OF Jurors
and immaterial objections to their
competency. adherence to WORKOUT
and ancient rules. not adapt
ed to needs of the present, must all be
swept away IL our courts are TO re-
tain their hold on the affections of the
people. An effective and speedy method.
judicial in character, but more simple
and surer Of results than proceedings
by impeachment. should be provided,
by which bad and unworthy judges
may be gotten out OF ONCE"
Recall Not Favored.
That Senator Crawford does not favor
the recall of judges is indicated by his dis
cussion of the remedy TO be applied to
present evils.
IF the method of procedure by which a
bad judge may be impeached is too d fl
cult" he said. "a way has been provided
by amending the Constitution; and il
should be resorted TO for the purpose OF
adopting some easier and more effective
method; but il should be orderly In
quiry and speedy trial with an opportu-
nifty to be heard and not mere express
sion OF public opinion after a heated and
spectacular campaign for votes