The Owosso times. (Owosso, Mich.) 1897-1926, 1912-04-05
Brantley Scores Those Who
Would Destroy Power
of Courts.
UPHoLDs PRES. TAFT
Georgia Statesman Gives Mas.
terly Expose of the Fallacy
of Recall of Judges Plea.

In the Congressional Record o
March Z there is printed in full am ad
dress delivered by Congressman Brant
ley from Georgia, in Boston, before ,
convention Of the New England Irol
and Hardware Association. Repre-
sentative Legare declared before tn,
House of Representatives that the ad
dress was piece of mastery oratory
| and moved that the address be print
| ed in full in the Record. The adop
ton Of the motion was prompt be
cause the address was regarded as Of
educational value to the people of the
country, and a powerful presentation
of accomplishments of President Taft
as the head of the, nation.
Representative Brantley devoted
considerable time to the existing
spirit of universal nationalism, and
followed with a review of the Ell
forcement Of the Sherman antitrust
law by the president and his advisors
The greater portion of the address
however, was given to the recall of
judges, which he presented in force.
full terms and gave some thought to
the effects such law would have up
on the judiciary by reason of the in
fiuence Of disgruntled defeated liti-
gants,' declaring that such a law If
passed would become a dangerous
menace to the dignity of the bench
and result in the disruption of the
very principles upon which the courts
are founded.
On the Courts.
Mr.. Brantley says: "The most as
tonishing because the most revolu.
tionary of all the proposals made is
that relating to the courts. Some of
the people claim to have discovered
that the courts are q menace to lib
erty and should be restrained. Little
they know that they are striking at
the only protection of life, liberty or
property that they enjoy, But for the
courts I'VE must. have autocratic gov
eminent or anarchy; but for the
courts government of law would be
without strength or power and could
not live The statutes of Congress
and the orders of the Executive vouiC
be dead and meaningless things but
for the power of the courts to give
them vitality and compel obedience
thereto. The power of the courts is
plainly ard simply conferred by the
Constitution, and it is a most neces-
sary power Power must be some
where lodged to say when a given act
violates the law or when given law
violates the Constitution or else each
man or each department CONSTITUTES
for himself or itself and all is con.
fusion. Where better can we lodge
this power than in an independent
judiciary"
Recall of Judges.
In dealing with the recall of judges
and decisions Of the courts he lays
emphasis upon his argument by stat
ing:
The Constitution, the browning
glory of American achievement, they
would submit for construction and
to the feeting fancy o?
the temporary majority. Such pro.
posal can only be fifty characterized
as anarchy gone mad. 1t is said in
support OF the proposal that judges
make mistakes. OF course they do
Who does not? We are today. how.
ever, protected against mistakes in
lawpaking five-fold times and more.
In the first place by the people them.
selves in their selection of competent
and upright Representatives. In the
second place, by the oath of the Rep.
resentatives to support the Constitu.
ton. In the third place, by the Sen.
ate, that must concur In the fourth
place, by the Executive, who must
approve. In the fifth place, by the
courts, TO whom appeal can be made
and finally, by the people again, who,
IL mistake is made, notwithstand.
new Representatives and correct il.
For all these safeguards II is pro.
posed to substitute the will of a ma.
iority OF those voting under the stress
and excitment Of a political cam.
paign.
Courts a BuIwark.
Judges have made mistakes, but
be II said to the honor and glory OF
the American judiciary that but a !
few Of them have ever made them in.
Judges have made mis- |
takes, but no Judge In all our re.
corded history has ever made the
monumental mistake that Is now be.
ing made by those who urge upon us
the revolutionary proposals that we
are now considering. These propo. |
sails are urged In the face of the fact
that through peace and war, through |
prosperity and panic. through health