El Paso herald. (El Paso, Tex.) 1901-1931, 1912-03-09

to the latteTs speech at Columbus be-
fore the Ohio constitutional conven-
ton but referred TO many Of the
policies put forward by the colonel IN
that address, president Taft said:
In the last year or two we have
heard much Of radical methods Of
changing the judiciary system
4 cOncede that the system IS not
as perfect as 1t can be and I have been
preaching for reform. especially in the
enforcement Of the criminl law, for
years. The defects in our judiciary
have not been in the corruption OF the
courts, but mainly in the procedure
and in the helplessness Of the judges in
jury cases to assist in reaching right
conclusions. The popular impulse has
peen to take away the power from the
judges and to give it all to the jury
and this has not been for the public
good in the enforcement Of criminal
law.
In the remedy by judicial recall. fl
IS proposed to provide by law that
whenever a judge has so discharged his
duties as TO induce a certain percentage
OF the electorate to deem il wise to re-
move him. and that percentage sign
petition asking his recall, an election
shall take place in which be shall stand
against other candidates, and II he does
not secure plurality Of votes, he is TO
De removed Could a system be devised.
better adapted to deprive the judiciary
OF that independence without which the
liberty OF the Individual cannot be
maintained against the government and
the majority"
But as It is we may have corrupt
judges. Well create a tribunal for re-
moVal OF judges for cause. Give them
an opportunity TO be heard and by an
impartial tribunal; but do not create a
system by which. IN the heat OF dis
appointment over q lost cause the de-
feated ntigants are to decide without
further hearing or knowledge whether
the judge who decides against them is
to continue in office
Let US examine the other method
proposed for the reform Of the judi
ctary. That is a recall of decisions
This is a remarkable suggestion and
one that is so contrary to ANYTHING in
government heretofore proposed that il
is hard TO give it the serious consider
alton which il deserves because OF its
advocates and of the conditions under
which il is advanced
agree that we are making progress
and ought to make progress in the
shaping OF governmental action to Sc
cure greater equality Of privilege and
Of accumulated capital. and to remove
distractions to the pursuit OF human
happiness, and in working ont these
difficult problems We may possibI,,
have FROM time to time, to limit or
narrow the breadth Of constitutional
guarantees in respect Of property bv
amendment. But let US do IL deliber-
ately. with full consideration and cIear
Of what we are giving nm ~
private right for the general welfare
Let US do IT under circumstance
which shall make the operation Of fbs
change uniform and just, and NOT de-
pend on the feverish, uncertain and nm
stable determination Of successive votes
on different laws by TEMPORARY sD5
changing majOrities. Such a pronossI
as this is utterly without merit 81
utility. and. instead Of being progress
5ive. is reactionary, instead Of being In |
the interest of all the people and Of tba
stability Of popular government IL
sowing the seeds OF confusion ana ]
tyranny" --N