New-York tribune., 1912-02-18
W|CKERSHAM DEFENDS
AMERICAN JUDICIARY
r)enounCes Recall, but Would
Make impeachment More
Simple.
FOR STABLE GOVERNMENT
Must Be Founded, He Says, on
Trust and Confidence in
Wisdom and Integrity
of officials.

u NlllOldiSs
G, louis, Feb 17.-Discussing National
stability" with particular reference TO the
,,piatiye. referendum and recall. Attorney
neneral Wickersham, addressing the City
e,ub here to-day, said that 'ff tho govern.
,rsrt Is 10 meet the essential needs OF the
reon,e II must be founded on trust and
,o,sdence in the wisdom and integrity of
,bose who are to discharge the various
drnes imposed in carrying II on" No
,.onle. he added could expect the hest
.srvice from those whom they select under
,,,-umstances and burden with restrictions
which Indicate not confidence but distrust.
More essential, perhaps. than any other
,art Of a government, the Attorney Gen
s,, declared, was an independent judi
,,.rv who are not 10 be deferred from
,srfuming their duty by any amount Of
rlsmor." Urging simplifcation, however,
~ the processes of impeachment, Mr..
Wickersham said: Where judges become
90 blinded by prejudice or class feeling
that they cannot fairly and :mpartially
administer the law they should be i'm
reached But the process of impeachment
Of Judges is a cumbersome one. 1t ought
10 be simplifed so that charges against
ndges might be tried by some appropriate
and workable machinery as readily as
other grave and important issues are
tried"
Mr.. Wickersham paid tribute TO the
integrity OF the American judiciary as re-
vealed in history.
As an expression Of the will OF the whole
people, the Attorney General continued,
state constitution should be changed only
through the active consent Of clear ma
,ority Of the whole people, because no
stable condition OF civilization can result
from a government subject TO constant
fluctuations in its fundamental structure
based upon the shifting sands of temporary
impression rather than upon the broad,
firm foundation Of matured conviction
Nonsense Talked About judiciary.
There has been much nonsense talked
~ late" said Mr.. Wickersham, "about the
so-called usurpation of power by the fed
eral judiciary in pronouncing laws Of state
legislatures or of Congress unconstitutional
and therefore void"
When the federal Constitution was under
discussion and before its adoption, he add
cd, II was clearly pointed out that the
power conferred on the courts did not Sup
pose superiority of the Judiciary to the
legislative power; it 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 opposi-
ton to that of the people, declared in the
Constitution the judges ought to be gov
erned by the latter rather than the former.
Even more insensate," continues the At
torney General. rs the clamor against the
courts for interpreting statutes in the light
nf their understanding as educated men
learned in the law The English language
is not an exact medium for communicating
thought When the rights of litigants de-
PEND upon the provisions of statutes II IS
the duty Of the courts to construe them,
and to construe them in the light Of rea-
son"
There has been a growing discomfort with
legislative bodies all over the land, Mr..
Wickersham acknowledged. State leg1s-
latures and municipal councils he said,
have been found in many instances 10 be
corrupt and inefficient. ! am in entire SYM
pathy with the reasons which have led to
the enactment OF laws providing for the
nomination OF candidates for office by d.
rect popular election. But in many in
stances the laws framed 10 accomplish
purpose with which all honest men must
sympathlze lose sight of other consldera-
lions which are perhaps or equal impor-
itsnce. The function Of lawmaking ought
ia attract the highest talent and the most
disinterested character but systems where
by laws are to be made by postal card and
popular petition tend so 10 destroy the
dignity Of the legislative Office as to make
# unattractive even 10 those who might
otherwise subject themselves 10 the scram-
bic of primary contest for the nomina-
tion in order to reach field Of public USE
fulness.'
The Attorney General urged business men
TO cooperate with lawyers in evolving
methods by whicn the law delays may be
'uinmlzcd in settling the ordinary contro-
yerses that arise In the course of business.
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