The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-08-28
Eminent Lawyers Unite in Re-
port Denouncing Movement
as Dangerous 10 Country. j..
COLOR LINE IS DRAWN
Hereafter When Negro Is
Nominated for Membership,
Race Must Be Indicated.

| 80 w Ni'i'- aug, -i.-E l1tJ'l loor
lawyers. with at least one from each
state, today completed for presentation
in the American Bar association a re.
port denouncipg as dangerous TO the
country all movements for the recall
Of Judges or of judicial decisions.
| The report cites that in Ohio the con-
| stltutional convention declined to ap-
ply the principle of recall to the
.ludges, but provided that laws should
be passed for the prompt removal on
complaint and hearing of judges for
any misconduct involving moral tur-
pitude. This, the report points out,
substantially is the system used in
Massachusetts, New York and other
| states, while besides California and
Oregon, where the judicial recall exists,
the other states which have taken ac-
tion looking to the recall are Arizona,
Colorado, Nevada and North Dakota.
In tho latter states, the report asserts,
the bar associations have started
vigorous campaigns to induce the peo
pie not to support the recall, 1t is
pointed out that many state bar asso-
Citations have formally denounced the
recall.
Report of Committee.
Those who signed the report include
Frank B. Kellogg. Minnesota, William
B. Horublower, New York; Frank E..
Gova, Colorado; while Jacob M Dickin-
son, former secretary Of war, is named
as one of those who originated the
committee "to expose the fallacy of
judicial recall
eve recognize that there are de-
fects in the administration of justice, -
SAYS the committees report, Gas there
are III all branches of government
which are of necessity subject to the
limitations of human inhrmity. Those
defects which have called for reforms
consist principally Of delays and ex.
peuse incident to trials in the federal
and many Of the state courts.
"These defects, it is the duty Of all
lawyers TO use their influence to rem
edy. The Judges of the supreme court
of the United States have taken steps
TO reform the rules Of practice in the
federal courts, and have called upon
the bars Of the country for suggestions.
Without exception the committee of
the bar throughout this country have
recommended the simpliGeation of prac-
tice so as to expedite business and save
PAncHSe 10 IlliSdobs-
Laws Responsible.
Declaring laws, rather than judges,
responsible for delays and expense of
procedure the report continues:
"We maintain that the recall applied
to Judges Will tend to deprive the pub
lie OF Judges of ability, character. and
due regard to enlightened public seuti-
ment and that such a judiciary is abso.
mtely necessary to the existence Of
constitutional democracy.
"Thc application of the recall to
an ordinary official may be a question
of expediency but it is not fundament
ally wrong. To apply it to the. iudici-
ary is in violation of those principles
of government which have been demon
strated to be wise. In the states and
in the federal government we have the
right Of impeachment and in several Of
the states the right Of removal Of a
Judge by the legislature. If the right
Of impeachment is not sufficient, an
adequate remedy can be created for
the removal for conduct inconsistent
with his office after complaint and an
opportunity to be heard in his defense.
In this way the independence of the
judiciary is maintained and Judge is
removed simply for incapacity or mis-.
conduct in office.