The Daily Missoulian., 1912-08-21

Akron. Ohio. Aug. 2o.--ff American
business were to be conducted In the
same disorganixcd and chaotic way
that our courts are. the country would
soon be bankrupt"
These are not the words of some
wfd radical, nor yet of an enemy of
the courts. but of level-headed Judge
here In Akron-R. NJ. Wannamakcr.
Wanamaker Is now a candidate for
the Ohio supreme bench. and his
platform Is, judicial reform. He be-
lieves the courts are too slow. that
there is too much uncertainty in the
law, and that justice Is warped and
defeated by wornout rules and theories.
incidentally. he believes in the judicial
recall as one method of correcting
present abuses.
I'VE have talked much about judicial
REFORM says Wanamaker. I'VE still
talk about the reform while the
judicial abuses remain entrenched as
before. What we need now Is action,
affirmative. aggressive and progress
sive action. that will speedily and
| radically correct the evils justly COM
planned OF. II we shall give the people
a system OF legal procedure that will
proceed to give justice rather than
legal juggelry. we shall largely remove
both the opportunity and importantly
for the recall OF judges.
1T would be impossible to itemize
or classify all of the grievances
against courts. but I will discuss the
most serious and important ones.
"sThpre fa delay
years walt should and could be re-
duced to 90 days. There Is too much
expense. The cost of jury work Is
500 n day to the public. and very
often as much to the litigant.
There Is too much uncertainty In
| the law. Reported cases show dis
position OF courts to avoid and dodge
the important legal questions instead
of clearing up the law. There Is too
much idolatry of old-time precedent:
the more ancient the more sacred.
nere Is too much hair-splitting and
| technical Interpretation of words and
phrases rather than the substantial
right of the parties.
"There are too many trials and ap-
peals to the disadvantage of the poor
and the advantage OF the rich. There
Is too much usurpation by courts Of
Legislative right and power. No Eng
lish king or court though monarchica'.
dares to hold an act OF the English
parliament unconstitutional.
THE laws should be interpreted to
fit tho demands and ends of justice.
rather than to have justice warped
and defeated by some d-time rule
OF law
| Isn't II little peculiar that men
who admit the people are qualified
to nominate their own judges. qualified
to elect their own judges, most Of
them wholly untried. that these same
people should not be qualified after
the Judge has had fair and reason
able opportunity to make good. to
pass In Judgment upon him and to
wisely remove him for good and suf-
ficicnt cause when he fails to effi-
ciently and Justly administer his trust
When we nominate him we pass judg-
ment upon his qualifications. when we
elect him we pass In judgment upon
his qualifications and that is all that
we do when we vote to remove him.
IT Is almighty strange that the
sovereign citizen has his lucid inter-
walls only when he nominates and when
he elects. Thereafter he becomes the
part of the mob when he criticizes and
censures the court. or when he asks by
petition to vote to remove the judge.
"The opponents of the recall seem
most concerned with protecttngg the
Judge. The advocates of the recall are
concerned most In protecting justice
When the two conflict we must remove
the Judge rather than sacrifice justice
The Judge who is friend OF the pco-
pie need not be afraid OF the people
The Judge who distrusts the people will
soon find that the people have just
cause to distrust him."
II AorhMAl AoTNMAl