The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1912-03-01

70 U8NlNIe hMh hNbAoNAANNf''NN
courts have become a lawmekinE. III
stead OF a law enforcing, agency.
Here again the settled viii u 80
cfety TO correct confessed evils Ma
been set at naught by those VINO
place metaphysics above life. IL IS
the courta. not the constitutions, mat
are M fault. II IL only by tho procssa
whach james Russell Lowell when
answertng tho critics OF Lincoln
called 'pettifogging the constitution
that constitutions whiUh wCro De
sign-si to protect society thus oe
made to defeat the coumOn good
Here aanln the recall il u recall OF
the administration OF Justice back
from aoademioal rshne1nents to social
service"
There 10 one kind Of recall In
which | worry earnestly believe, and
tho immediate adoption OF which ]
urge. There are sound reHsous Tor
being cautious about the recall o. a
good Judge who has rendered an IN
wise and improper decision. Every
public servant, no matter how 2alua
Bile. and not emitting Washington or
Lincoln or Marshall. at times makes
mistakes. Therefore we should DO
cautious about recalling the Judge,
and We should be cautious about IN
terfertng In any way with the Judge IN
decisions which he makes In the oral
nary Oourse 40 beew cen individuals.
But when a Judge decides n constitu-
tionAl question, when be decides what
the people an q whole oan or caI'not
DO. the people should have the right
10 recall that decision II they think II
wrong. We should hold the judiciary
In all respect; but Il is both absurd
and degrading 10 make IL fetish oil q
Judge OF Of any one else
Lincoln actually applied in sue
cessful fashion the principle OF the
recall IN the Dred Scott case. He de-
noUnoed the Supreme court for thai
inIqthtous decision IN language much
stronger thar I have ever used In
oFtttciEing any court, and appealed TO
the people TO recall the decision-the
word recall" In this connection was
not then known, bat the phrase ex-
8NNN ueFHNINDt1 WuHN NC dhNbNdNNA'
Hs was successful, the people o hts
Wow, and the decision a practical
iy recalled. II became a dead letter
without the need Of any constitutional
amendment
Tho Law and the state
Under our federal system tho rem
edy for a wrong suoh AZ Abraham
Lincoln described is difficult. But
the remedy Is not dificult In "A state
What the Supreme court OF the ma.
ton decides t o be law binds both the
national and The state courts and all
the people within The boundaries OF
the nation. But the decision Of a
state oourt on a constitutional ques
tion shoufd be subject 20 revision by
the people u the state Again and
again IN the past Justice has been
s~oandalously INSTRUCTED by state
courts declaring state laws In con
nict with the Federal Constitution,
although the Supreme court OF the ma
ton had even decided IA a contrary
sense, When tho supreme court or
the state declares a given statute un-
constitutional because In conflict with
the state or the National Cons tuition,
lite opinion should be subject 10 re
Vision by the people themselves.
Such an opinion ought always 70 he
treated with great respect by tho PEG.
ple. and unquestionAbly IN tho major.
ity OF cases would DE- accepted and
followed ny them Rut actual OK.
perlence has shown the vital need ~
the people r~eservinE 10 themselves
the right 10 pass upon such opinion.
II IL liz sustained well and good II
not, then the popular verdict Is 10 he
accepted az final, the decision is TO
bs treated Al reversed and the con
struction Of the Constitution definite
ly decided-subiect only TO action by
the Supreme court OF the United
States.
Many eminent lawyers who more or
ls6s frankly disbelieve In our entire
American system OF government for.
by. and OF the people violently an,
thgoniZe this proposal, They believe.
and sometimes assert, that the Amer
lean people are o fitted for popular
government, and that II Is necessary
20 keep the judiciary independent oi
the majority ut OF all the people e"
that there must be no appeal To the
people from the decision OF a court
In n case: and that therefore rho
Judges are 10 be established AZ sovcr
eign rulers over the people. I take
absolute issue with all those who hold
such a position. regard II AZ a com
plete negRt!on Of our whole system
of government; and n II became tho
dominant position in this country n
would mean the absolute upsetting OF
both the rights and the rule ~ IN,
people. n the American people pr,
not m for popular government. ant
II they should Of right be tho servant
and not The masters Of the men whom
they themselves put IN Office. ther
Iincoln's work was wasted and m,
whole system Of government upor
which this great democratic republi,
rests II a failure. believe. on m,