The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-27
WHAT THE RECALL
REALLY MEANS

case. The careless voter cares not
one whit whether IL IL q good. band.
or Indifferent decision. so long as he
viii obtain by such decision a fulfill
ment OF his present desires. The DOW
erful lever OF self-preservation is al
ways preset when a constitution Is
made or amended. This is undoubt-
edly true. and is a correct proposition
unless you intend to say that these
referendums and plebiscites upon the
recalls or the judicial decisions, shall
become general law. and II you no In
tend to say that you certainly have a
stu worse condition. This would be
then what would probably happen. A
local case arising in Ohio county and
involving a constitutional question,
would be submitted to the voters Of
Ohio county. and they would pass
upon IL, affirming the court. The same
constitutional question arising in
another case In Richie county and
concerning Richie county. would be
submitted to the voters of Richie
county and they would reverse the
court. So. law OF West Virginia
would be constitutional in Ohio coun-
~ and the same law would be I'M
constitutional In Richie county and
vice versa.in each of the fifty-five
counties OF the State. Each county
settling the constitutionality OF the
law for itself. In that event, what
would become OF the State sovereign
ty? Each county would be a state
unto itself
But you say you are going to sub
NIT these constitutional questions to
a vote OF the whole State. The mo-
ment you do this. you destroy local
self-government Besides, IL would
be impossible for the voters OF the
State to know the facts in these
cases. There would presently be
many such cases submitted. II would
be impossible for records to be print
ed and distributed so that the voters
might each know the facts in the
case. The costs would be prohibit
tive. II certainly could not be said
that they should vote upon the life,
! liberty and property of any man upon
, general report. Besides, IL would
open the door to politics and drag our
courts into politics. Further. II
would open the door to the use OF
money in settling judicial affairs.
Mistakes have been made by our
courts. None will say that there have
not been such mistakes. but there Will
be mistakes IL left to the people. and
the person who expects TO see absolute
Justice done in every case viii only live
to be disappointed. But further, our
judiciary has been one Of the bright
spots IL American history. and there has
/ been but few cases, in 1876 years OF in
justice and wrong. q record indeed. Of
which We can be Justly and truly proud.
So there Is material difference be-
. NHsMNa
amendment and a recall OF a Judge or OF
judicial decision. Bat. let US take a
couple OF Illustrations. our state con
stItution provides for the writ of habeas
corpus. Suppose the state should pass
a law limiting that writ in certain in
stances. and a lawsuit should arise
under that statute. in which case 4. a
voter and a citizen. would be the petit
| TONER and plaintiff. and in which case,
no other voter in the state Is interested
except a. In this case all the restaint
which causes men to preserve their own
liberty, would be removed. and the
voters would simply cast their ballots
regardless Of fundamental principles and
OF liberty. but ~ the voter were making
a constitution or an amendment to the
constitution under which he himself
might be some time tried, he would
never he willing for the constitution or
amendment 70 suspend the writ OF ha-
beas corpus. or. suppose again, that
, some statute would pass that provided
that man might be twice put in jeo-
pardy. and case would arise under this
statute. And the voters were TO pass
upon the recall Of the decision. II can
not affect them and they would run no
risk in voting that IN that particular
case. the prisoner should he put twice In
jeopardy. but IL they were making a
constitution or an amendment to the
constitution. they would never agree by
vote or otherwise. 90 such a provision
against life ana liberty. for when n man
makes a constitution or assents thereto
ty his vote. or an amendment TO the
constitution. he makes them 50 he is
willing TO live under them and to hold
property under them and N needs he. he
I tried under them for his life ana his
liberty. 10 IL careful HIS own life
liberty and property arc a. stake. lie IL
cautious. but whom he votes upon the re-
call Of a judicial decision. all these high
Incentives 10 care. caution and Justice
are removed. and his vote ia Influenced
wholly by his present passing desires
because his decision can affect only I'M
litiEants In the case
To sum ~ up. therefore. the voter
making the constitution BE- Just 20 every
other man because hc g. just 20 himself
lie aEseuts % constitution ard 90 the
amendment thereof because he himself
ran have the pursuits 81 happiness. life.
liberty AMI property Hereunder. lie
latfF tuefF inI himself AMI ln taking
them for himself he gives them to every
other citzcn. But. n you remove these
conditions and take away these Restraints
and NEGATIVES nrf PEE tIe voter BE- ffn-
rnune from the ERECT and result % no
arf - DO Viii be y ben he votes 90 re-
COLI fI her iuire or Die &c. ifInu. rneu
tle voter rn ionre- wII nsesI ask IIrn-
srIf whether Do fa I" ans danger ~ d..
lrr art ~ Die rights end 90 49, rraf
his ballot influenced fon often he pee
sion and rrsI 10 ard desire fn o..
.1fr gliHn certain ends in That particular
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