Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-04

here to the democratic principle dn
the matter of the Judiciary. Let us
throw open the doors and windows
and let in the fresh air of the popular
will. That is tine sovereign cure for
all ills Of the body polite; to doubt
that it has virtue to effect the cure OF
this disease is to distrust democracy
itself and be false to American
ideals. We will make the judges
created by the people subject to re-
call by the people. Then We shall
have Judges that are honest, efficient,
expeditions. and methods Of proceed
ure that satisfy all the requirements
of justice.
Nevertheless, it may be asserted
without the slightest hesitation that
an Overwhelming majority OF the
American electorate has remained en-
tirely unmoved by the plea and IS
resolutely opposed to any such tam
pering with our judicial system. To
say this is only to say that the Amer
lean people are still, as they have
been throughout their history, a So
Der people. They believe in democ-
racy, but they do not believe that
there resides in democracy a magic
uower to dissolve all the difficulties,
to disentangle all the intricacies OF
life. No specious Juggling OF phrases
can suffice to convince them that the
simple process of occasionally recall
ing a judge whom the people disap-
prove can be made substitute Tor
the patient intelligent, and arduous
work that is necessary for the secur-
ing of a stronger Judiciary and a bot
ter judicial procedure. And We can
not but think that there is enough
left of our ancient humor," of hard
headed Yankee shrewdness, to place
upon this particular proposition OF the
recall of judges the stamp OF its in
herent absurdity. The idea that we
can secure for the bench body OF
able, Impartial, self-assertive, and In
dependent Judges by the childish ex-
pe,lient Of once in a while thrust1ng
out with ignominy one whom the peo'
pie wish to get rid of is hardly calcu-
lated to appeal to the average Amer
leans business intelligence.
1t happens, too, that in countries
where the status Of the judiciary 1s
precisely the opposite of that which
the advocates of the recall are seek
ing to bring about, no such complaints
are heard as those (which form the
basis of this agitation. The English
and the Canadian courts, with their
Judges appointed and holding for life,
are accused neither Of inefhciency
nor of tavoritsm. Their work is done
with effectiveness and dispatch. Al
for procedure, at the beginning OF
Queen Victorda's reign judicial meth
DDS in England were encountered with
technicaEities and absurdities In de-
gree far greater than anything we:
know here; and these were got rid OF
within a few decades, not by the ap-
plication OF any cheap nostrum' but
by determined and Intelligent effort
on the part of those who knew the
business they were dealing with.
What we need here We shall not get
at any less price. improvements in
procedure will be attained, If attained
at all, by the twofold process of care
fully framed laws directed to that
end and of judges chosen according
to q higher popular standard and un-
der conditions more calculated to at
tract the best type Of men to the
bench. Not by the threat OF discharge
such as might be held over depart
ment store clerk, but by the amplest
recognition of the dignity and inde-
pendei1ce of the post, can we hope to
cause the kind Of man whom we ought
to seek for every place on the bench
to be willing or naxious to accept its
responsibilities. It is through this
attitude toward the judgeships, to-
gether with the standards Of selection