The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-02-22


iernment, but to correct it whenever
II becomes misrepresentation
4 believe that the initiative and
referendum should be used, not as
substitutes for representative gov
eminent but as methods of making
such government really representa-
tive. Action by the initiative or
referendum ought not to be the
normal way Of legislation; but the
power to take it should be provided
in the constitution, so that II the
representatives fail truly to repre-
isent the people on some other mat
ter of sufficient Importance to rouse
popular interest, then the people
shall have in their hands the facil-
titles to make good the failure.
And 4 urge you not to try to put
constitutional letters on the legisla-
/ ure, as SO many constitution makers
have recently done. Such action on
your part would invite the courts
to render nugatory every legislative
act TO better social conditions. Give
the legislature an entirely free hanc;
and then provide by the initiative
and referendum that the people
ishal! have power to reverse or sup
plement the work of the legislature
should it ever become necessary.
Gas to the recall do not believe
that there is any great necessity for
II as regards short-term elective
officers. There remains the ques.
ton of the recall of judges.
IAN independent and upright tu-
dicary which fearlessly stands for
the right. even against popular
lclamor, but which also understands
and sympathizes with popular needs,
lis great asset of popular govern
ment. / believe in the necessity
for the courts Interpretation Of the
law as law without the power to-
change the law or to substitute some
other thing than law for it. But Il
agree with every great jurist, from
Marshall downwards, when 4 say
that every Judge is bound to con-
slider two separate elments in his
decision of case, one the terms of
the law, and the other the conditions
of actual life to which the law is 70
be applied.
Moreover, never forget that the
Judge is just as much the servant OF
the people as any other official. OF
course he must act conscientiously
ltIe must not do anything wrong
because there is popular clamor for
it, any more than under similar cir
cumstances a governor or legisla-
tor or public utilities commits
sioner should do wrong. But in
their turn the people must follow
their conscience, and when they
have definitely decided on given
policy they must have public SER
wants who will carry out that policy.
Our aim is to get the type Of
judge that ] have described, to keep
him on the bench as long as posi-
BILE, and to keep off the bench and,
II necessary, take off the bench the
wrong type of judge. The question
of applying the recall in any shape
is one of expedioncy merely. Each
community has a right to try the ex-
pertinent for itself in whatever shape
1T pleases.
q DO not believe in adopting the
recall save as last resort, when
| 1t has become clearly evident that
no other course will achieve the de-
sired result. But either the recall
will have to be adopted or else it
will have to be made much easier
than it now is to get rid, not
merely OF a bad Judge, but of
Judge who, however virtuous, has
grown so out of touch with the so.
clal needs and facts that he is unfit
longer to render good service on the
bench. 1t is nonsense to say that
impeachment meets the difficulty.
In actual practice we have found
that impeachment does not work
that unfit judges stay on the bench
in spite of it, and indeed because OF
1.-THE fact that impeachment is the