Belding banner. (Belding, Mich.) 1889-1918, 1912-04-25
CONGRESSMAN
HITS AT RECALL
OF JUDICIARY
Brantley Scores Those Who
Would Destroy Power
of Courts.
UPHOLDS PRES. TAFT
UPHoLDS PRES. TAFT
Georgia Statesman Gives Mas.
terly Expose of the Fallacy
of Recall of Judges Plea.

In the Congressional Record OF
March there is printed in full an ad.
dress delivered by Congressman Brant'
ley from Georgia, in Boston, before
convention of the New England Iron
and Hardware Association. Repre-.
sentative Legare declared before the
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 en-
| 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 a law would have up
on the judiciary by reason Of the In
| fuence of disgruntled defeated liti-
| giants, declaring that such a law If
| naccad Wou1d hapnma dapOaronc
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 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 we must have autocratic gov
eminent or anarchy; but for the
courts government of law would he
without strength or power and could
not live. The statutes of Congress
and the orders of the Executive would
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 and simply conferred by the
Constitution, and II is a most neces-
sary power Power must be some
where lodged to say when a given act
violates the law or when a given law
violates the Constitution or else each
man or each department construes
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
enforcement to the feeting fancy of
the temporary majority. Such pro-
posal can only be fifty characterized
as anarchy gone mad. II 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
lawmaking 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 paonis .s.i" 49,