The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-02-17
ATTY,-GEN. W|CKERSHAM
KNOCKS PROGRESSIVES'
PLAN TO R CALL JUDGES
Would Improve Judiciary Sys-
tenn by Increasing Salaries
and Lengthening Terms
IMPEACH TO CURE EVILS
Member of Taft's Cabinet Also
Denounces Initiative and
Referendum Doctrine
MPEACH TO CURE EVILS

ST. LOUIS, Mo-, Feb. 17.-Progres-
siye poiicies-particular those for
judicial reform-were bitterly as
sailed as 'insensate," In a speech de-
livered here before the City club this
afternoon by Acknowledgement Wick
ersham.
Inc attorney general did not mince
words in referring to the peoples
power movement, although he de-
clared he was in favor OF direct nomi-
nation of candidates. He sarcastical-
1y referred to the Initiative and refer
endum as postal card law-making,
and declared popular legislation and
direct primaries destroyed the dig
nifty of office and resulted in driving
from the field that class of men whom
IT, was formerly thought We're the
most desirable-those whom the Of
fee seeks, not those who seek the
Office"
F"There has been much nonsense
talked of late" he declared, concern
ing the so-called usurpation OF power
by the federal judiciary In pronounc-
ing laws of state legislatures OF con-
gress to be unconstitutional.
The very nature of written con-
stitution implies that the peoples rep
resentatives can exercise only the
powers conferred upon them in the
constitution and judiciary must or
necessity adjudge to be void any act
OF congress not authorized by the con-
stitution. This does not suppose a
superiority of the judiciary to the leg
islative power. 1t only supposes that
the power OF the people is superior to
both. and that where the will of the
legislature, declared in its statutes,
stands in opposition TO the will OF
the people, declared in the constitu-
ton, the judges ought to be governed
by the latter.
: Even more insensate is the clamor
against the courts for interpreting
statutes in the light Of their under
standing. The English language is
not an exact medium for communicat-
ing thought We have not required or
our legislation the scientific precision
OF formulation which business men re-
auire in important contracts. When
the rights of litigants depend on the
provisions of the statutes ii is the
duty OF the court to construe them in
the light Of reason. 1t seems in
credible that any man OF average IN
telligence should be found to take any
other view OF judicial duty.
"Unless we continue to have judges
whose tenure of office does not hang
upon any momentary popularity with
the crowds, and who are not TO be
deferred from performing their duty
by any amount of clamor, these. ques-
tions may not be decided In accord
ance with the constitution. am
aware that judgesszso are
strangely Indifferent TO a righteous
public sentiment and allow themselves
to be Influenced by class prejudices
or personal consideration. Where
judges become so blinded by class
prejudice or personal consideration
that they cannot fairly administer the
law, they should be impeached.
II am in entire sympathy with the
reasons which have led TO the enact
ment OF laws providing for the nomi-
nation of candidates by direct -elec-
ton But systems whereby laws are
made by postal card and popular Pc
tition tend to so destroy the dignity
of office as to make II unattractive
even to those who might otherwise
surrender themselves TO the scramble
OF the primary in order to reach a
field OF public usefulness"
AS remedies for present judicial
conditions, Wickersham recommend
ed better salaries and longer terms
to attract better judges to the bench.
and a simpler method OF impeach-
ment. For "intolerable court delays,
in themselves denials of Justice" the
bar, legislatures which enact laws OF
procedure. and the people, for not Sc
lecting better men as judges, are to
blame, he said.