Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-01-05
Recall of Judqes.

Senator Lafollette, leader Of the
progressive Republican movement,
has been speaking in Ohio and other
states during the holidays on the va
rious issues for which his wing of the
party stands-initiative and referen-
dunn, and recall of judges.
All of these issues have been more
or less discussed in this country dur
ing the past twenty years, and the
recall Of judges proposition has loom
ed up especially big during two or
three years past.
None of these questions have be-
come national party issues so far, but
they may become such soon, and the
recall proposition gives promise of
figuring very extensively in the delib-
erations of both parties.
1t will be remembered that Wood
row Wilson some time ago Jared the
self-satisfied conservative element of
the country very severely by commit
ting himself to the recall proposition,
and for the benefit of those who are
not we'll informed on the subject, 1t
is proper TO say that this same new
tangled Populist idea,' as it Is char
acterized by some, promises to make
a lot of contention in this country
for some years to come.
According to the channels in which
the minds of the majority of the peo-
pie of this country have been taught
to run, the present consensus of pop
ular sentiment is that judges whose
business it is TO declare the establish
ed law are necessarily pure, holy. up
right and infallible, and they can do
no wrong. But truth to say, while 1t
would be a most splendid thing II
this were so, 1t is really far from so,
and the matter of the right Of the
people to recall judges is one that
closely involves the preservation of
the liberty Of the people.
Judges are. however, the same as
other people, and are susceptible to
human emotions. There is nothing
the matter with the law; even a bad
law righteousy enforced cannot do
a great deal of harm, but where
Judges through ignorance. interest or
misguided zeal fail to enforce any
law-whether it be righteous or un-
has been lot of this in America, and
it is growing more and more COM
mon. Judges, as other people, are
largely beholden to the powers from
which they derive their preference
and authority. Although 1t is not true
of every judge. it is true of many of
them that they will sometimes distort
law to suit the interest Of men who
may be able to influence their tenure.
1t is fact that no human institution
is infallible. and therefore no gov
ernment is infallible; but if the Amer
lean experiment in self-government
has proved any one thing during the
nearly a century and a half of its eX-
istence, it has proved that 1t has been
nearest right when the most peo-
pie were agreed upon its policy.
There is no better criterion of right
in America, or on this earth. than the
conscientious judgment of the Amer
ican people.
The recall of judges means that a
majority of the people can make a
Judge step down and out whenever
they see proper to do so; but that
does not mean the thing can be done
instantly or in sudden wave of pas
sion. 1t can only be done after an
election preceded by an educational
campaign, and it Is easy to see that
if judge who is on trial before the
people has a reasonable defense he can
present that defense in a way that will
ensure to him absolute justice.
We believe the recall idea is right
mainly because it will make Judges
anSwcrable To their real masters. the
people. and this fact will he a warning
and a caution to every judge not
To render decision until he has
weighed it with all the intelligence,
Judgment and conscience within him
in accordance with principles Of cleo
tOral right