Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-08-28
SUGGEST A SUBSTITUTE
DECLARE N FAVOR or An EAs.
ltR METHOD or MPEACH-
MENT.
NEGROES WON THEIR tlCHT
Resolution i'nvoring Attorney Gcnc-
rals Assistant Went Through
WIN Little Opposition.

MILWAUKEE Wis, Aug. a..
Flrly- four lawyers. with at least ono
from each state. today completed for
the American Bar Association, re-
port dcnouncIng az "dangerous to tho
country all movements for the recall
~ Judges or judicial decision. The
report elites that in Ohio the constl-
tuilonal convention declined 10 applv
recall to the Judges but provided that
laws should be passed for prompt re-
moNal on complaint and hearing of
judges for any misconduct involving
moral turptitude The report says
lhls substantially is the system I'm
massachusetts New York and several
other states.
Those who signed the report in
clude Frank Il. kellogg, Minnesota;
william B Hornblower, New York;
Lawrence Maxwell, Ohio; Edmund
i. Trabue Kentucky, and Jacob Mcg
Dickinson, former secretary OF war.
VINO was named ns one Of those who
originated the committee to EXPOSE
the fallacy Of judicial recall"
Would Weaken judiciary
We are pleased to report" says
the committee, that thu bar asso-
ciations OF many states have taken
action opposed to the principle Of ju
dlclal recall. In numerous other
states action will be taken.
We maintain that the recall ap-
piled to judges will tend to deprive
the public Of judges OF ability. char
acter, high sense OF duty and n due
regard to enlightened public, and
such n judiciary is absolutely neces-
sary to the existence OF the democ-
racy.
Have n Remedy.
Tho application Of the recall may
be question Of expedlency but Il is
not fundamentally wrong. To apply
II to the judiciary is in violation OF
principles OF government which ages
OF experience have demonstrated to
be wise In the states and in the fed
eral government we have the right
OF impeachment and in several OF the
states the right OF removal of n
Judge by the legislature. IL the right
OF impeachment is not sufficient. an
adequate remedy can be created for
the removal OF a judge for conduct
inconsistent with his Office after COM
plant Is made, and he is given an op-
portunlty to be heard in his own de-
Tense. In this way the independence
OF the judiciary is maintained and a
judge Is removed simply for lncapacity
or misconduct in office.
The advocates Of this system
claim that It is in the interest OF the
common people. This we deny. For
more than 300 years the greatest bull
wark for the protection Of the mass
OF the people has been the courts.
There never was a time in our coun-
try when any man, however, poor or
humble could not apply to the courts
and be assured OF protection. Is il
any reproach upon courts that they
have extended the same protection to
the rich and powerful when assailed
by popular prejudice?'
Negroes Win Out.
Ten minutes was devoted to the set
tlement Of the question Of whether
negro lawyers should be admitted to
membership. A resolution presented
by Mr. Dickinson was adopted prov
viding that hereafter when negro Is
nominated Tor membership, his race
must be indicated to the executive
committee.
Attorney General Wickersham de-
clared the resolution created a per-
member Of william II. Lewis
an assistant to the attorney general,
who, with two other negro lawyers,
had been unseated by the executive
because Of their race.
Lewis, Butler Wilson of Boston. and
William r. Morris Of Minneapolis.
were then said to be regularly seated.
Many endeavored to discuss tho
question but the motion was carried