The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-04-02
The eel
JUDGE sRANMoN ON the RECALL

.-. WV oHSNNON On ~ RECALL
si.Ia.,,n. declared tina. I viii b. . o.ndla... for another term a.
$ndss Of the Supreme Court I feel that I al q. without impropriety. give MI
us"s upon Certain important questions o before the people. Having had
sprsme Court. I feel that such service. enables me 70 form m opinion .
tooss matters. q they involve questions of constitutional law of vastI import
z. n cry structure of the government; and 1 feel further that, having no
SEPARATION for once. that. opinion is fair and impartial couded by n bias
Tween ue v great parties The questions to which 1 refer relate to the
new proposition. recan of officers and judicial decisions 1 shall write n long.
hdious article upon the many details entering into these questions. In a few
- 80 'ey nono o inc government hansht with danger to
J. ssfety. the security Of hs liberty and property and the rights of thu MI
un VA debated In the n,a. oonv.nuon which ,son,aS ~ M.,nna, co que
unoni On the n hand. monarchial power. Its horrors, SC dark in history
oouid not be entertained for . moment Our fathers had Just fought a ar Of
sisht years to free themselves from IT. On the other hand was absolute pe
nocrncy. That would not do How could the people of a great nation. or
ven one State assemble in Ia to al laws. or make decisions upon those
y snectins the whole people. or q between ndivtdualsr 1t was consid-
% impossible The people would have to assemble in mas in almost per
pstuai session How could they get together, How remain in session long
-oasn pr cam dehoeradonf There could be nc thoughtful action in such
essmo.ss And where would the minority md safety in times If excite
pan III plan was deemed tmprscticabla
Our fathers chose the mean between extremes. that form of government
under which We have lived and prospered for 15 years. Under r-we have
pun Internal peace unbroken Ave that sad event the Civil War. which
aid lot come from defect in ou franz. II government Sine. that even the
ate Constitution did Tot adopt recall. but adhered to the system of the faith.
sA This system stands approved by 15 ear of test oonsecrated Is the
vork o. fathers o asleep whom we have always regarded as the wisest
pure' best II Gods human kind We cannot do better than they did
nat system rests o writer constitutions a the highest law limiting and
regulating governmental powers 1t is a free government, by the people for
better one. 1t isa free representative government. because ts over. are Az
ercised by agents chosen by the people at frequent intervals at open polls 1t
srcistns functions toe great it is divided into three main departments. each
separate and independent welding different powers. the legislative the exec.
utve and judicial departments. This feature of Our constitution is the very
citadel ofh liberty. II is proposed Ito urn over these powers into h hands
o a majority Of the people at elections In times Of heated excitement when
cool reflection and examination will not rule
Az 10 he reeah.o OF Officers II a overno or Judge do a act 10 satsfac
tory to a given portion Of people, an election Is called and he is turned ot
How can there be freedom ota action under this plan? The overno or Judge
Is nan times acting. lot according 10 honest Judgment, but to meet popular
favor. How man. elections? AS many al will meet demands oil a certain
portion of people. There is n need of this recall of officers. The people
have now a reasonable power of recall. We recall III highest officers. Pres.
members of the House OF Representatives and House OF Delegates and half
Of ~ state Senators every W years These Ire the great law-maknE
powers.
TIE State Judges are elected by the people for short terms and ma he
removed for misconduct at any time. The new proposition is to remove them
or homes error Of Judgment
Recall Of judicial deeIsons 1t is " proposed to submit decisions Of
the courts to vote A decision is made against the validity of a statute. and
q fraction of tn people dhsapprove IT. They call a election Away goes the
decision, N another is made In hastea amid popular clanor. How a a curt
ct freely unde such circumstances? When is there any settled Iw7 When
yer a decision is made. and a vae called upon II. the people Of the whole
State without due elaboration. without law learning or experiences. in conto
) vesy and haste sit as a supreme court to reverse the supreme curt One
which men may rely. Precedent goes to b wind; indeed. there can be no
precedent Mr. Archer. in a late article. suggests. under the recall. II a stat
ute takes away your life or liberty. you jury trial our religious freedom or
IA nes exercise by me denomination of its creed, these o. n otbsr great
rights %. because when i votsis taken approving the act after n court has
declared II invalid. n power can give these rights back Do lot say hat
fthess m unsupposable cases Such cases have occurred and IA occur
again And ask how an the people a. the polls act o court decisions with.
out the record before them7 win you print the record of the cases bousanas
N number, and distribute hem to ever voter,o or sven at the voting pra
cincts1 A curt o jury must have evidence before decision car 10 made
This proposition Of recall OF decisions r. preposterous Where No limit, 81,
sndf II may be the loss Of liberty or revolution and destruction OF the gov
srnmsnt
Rather bear those fills TIA. - . have, than ny to others that we know not
o. HENRY BRANNoN