The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1912-04-10

the motives and honesty of those who
oppose him He would substitute the
biased. warped and iniamed opinions
of the multitude for the judgment of
those acting in a judicial capacity
based on sworn evidence. weighed and
balanced by those rules and principles
which have been brought forth from
the crucible of time to insure justice
e. the poor and the rich; the weak and
the strong"
The lorimer Case.
Senator Jones said he did not pro-
pose TO discuss the judicial recall, but
would notice only the latest suggestion
advanced for the guidance of those
acting i'm a judicial capacity. He then
quotel at some length from Col
Rooseselts comment upon the Lori
mer case i'm his speech of March 80 at
Detroit, wherein the former president
charged that Senators Dillingham;
Gamble and Jones Were reactionaries
because they recommend that Lori
mer be permitted to retain his seat
Senator Jones said
This argument may have caught the
fancy OF those who listened without
grasping the full significance of the
statements made: but no proposition
was ever advanced by the widest an
archist more subversive of the princi-
pies Of human justice. or human rights
and good government than the prin-
oh. Al IT, III.
statement"
Senator Jones argued at length that
the constituents of the senator's named
would want them To vote on the Lori
mer case, according to their own con-
sciences He said ne did not believe
there could be found within his state
one who is such reactionary as to
approve 'the rule of judicial conduct
practiced by Pontius PLATE. If Mr..
Roosevelt made the suggestion seri-
ously. IL Is shocking. IL he made II
ignorantly it is pitable. II he made it
to secure votes, 1t is despicable.
A Shocking Proposition.
''You will note that this is not n
suggestion that the judges should de-
eide n case according TO their judy
ment of the law and the evidence and
then to allow the people to pass upon
ii. 1t goes farther than that. 1t sug-
gests that the people shall make the
decision, that the judge shall disre-
gard the law and the evidence and try !
to ascertain what he thinks the peo-
pie desire to be done i'm the case and
then act in accordance with what he |
believes is their judgment. This prop
osition is SO extreme, so shocking, so |
contrary to all principles of enlighten-
els Jurisprudence, so antagonistlc to
the basic principles of judicial action |
that have been brought forth in the |
cruclble Of time for the protection |
Of life. liberty and property that l cam
not conceive of the state of mind or
the purpose that prompted its utter
ances. leave this mystery for the
people themselves to solve.
'lf this rule is to be followed. then
judges must instruct juries that they |
are not to decide cases upon the law |
and the evidence submitted TO them
but they must endeavor to find out
what the public sentiment is with ref
erence to the matter at issue and de-
eide 1t in accordance with that Judges,
OF instructing the jury as to
what the law is, should try to tell them
what the public sentiment u.s."
Senator Jones said he had wondered
A few weeks ago why il was that at
-orneys would not allow Col. Roose'
velt to act as juror. He added; I'll
now"