The evening herald. (Klamath Falls, Or.) 1906-1942, 1912-02-21

arisen.
SECOND. by tho abuse OF tho power
to declare laws unconstitutional 'n'
courts have become law-mak'hk, !"
s,.,a Of w-cntorcing a.cncies' her'
nrnin the settled will Of society !"
,nrr,,, confessed evils has been sci
n, nnurht by those who place n'''"'
physIcs above life, II IL tue courts
n,, III, constitutions, that nrr "
fau,,, II 10 only by tho process wh''"
.,m,. Russell, Lowell. when answer
,.p the critics OF Lincoln. cn''cu Pe''
tl,csing the constitution that eonS''
,,,,,,s which were dcsincd to pro
,cct society can thus be made 10 u''
fen, the common good, Here nsa,h'
IN, rc,n,, IL q recall " the adm'h's'
,,,,ion of Justice back from a,au'
cmica, rcnncmcnts to social service
There is no public servant ana u"
priyate man whom place above q
iudr, OF the best type. and very Tow
whom | rank beside him, ! believe
In the cumulative value of tho law
and IN Its value as an impcrsonal, dls'
interested basis Of control bcl'c'"
In IN, necessity for the courts inter
pr,,ation Of the law m law without
the power to change the law or "
substitut, some other thins than law
FOR II. Hut I asrco With every srca'
mrist. from Marshall downward
when I SAY that every Judge Ia bonni
10 consider two separate elements IN
his decision cf u tssc- one tho tcrn 4
OF the law, and tn. other. conditions
of actual iitc q which the law 10 70
he applied. The ,us,icc between man
and man, BET wccn the state ana it'
citizens, 10 n inirs thin. whereas
lcgalistic Justice IL a dead thing
Moreover. never forget that tho
Judge Is Just as much the servant of
the people as any other ofiicial, oi
course, he must act conscicntionsly. 4.
lie must not do anything wron. be-
cause there Is q popular clamor for
u. But In their turn the people must
follow their conscience. aud when
they have definitely decided on 4
given policy they must have public
servants who will carry out that pol
Icy.
Keep clearly In mind the dis,inc'
ton between the end and the means
to attain that end. Our aim 10 10 get
the type OF Judge that I have dcscrib-
ed. to keep him on the bench as long
as possible. and 10 keep on the bench.
and. II necessary. take on the bench
the wron typo of Judge, In some
communities one method may not
work well which In other communities
does work well. and each community =
should adapt and preserve or reject a
given method Accordin 10 Its practical
working. Therefore. the question Of
applying the recall In any shape 10
I'uV VI eNp'u'Vuty "Ss'tNs
1T is foolish TO talk OF the sanctity
OF a judgc-m made law which half the
Judges strongly dcnouncc. n there
must be decision by n close ma jority
then let the people step In and let v
be their majority that decides. Ac.
cordlng 10 one OF the highest judges
then and now on the supreme court OF
the nation. We had lived for a hundred
years under n constitution which per-
mitted a national income tax. until
suddenly by one vote the supreme
court reversed It's previous decision
for n century. and said that for q cen
tury We had been living under .
wron Interpretation OF the constltu-
tion that In. under a wrong cons,i-
tntion). and therefore. In effect. cs-
iablished a new cinstitution. which
We are now iaboriousiy trying to
amend so as TO get II back to he the
constitution that for a hundred years
everybody. including the supreme
court. thought II to be. Here again I
ask you not to think Of the mere legal
Journalism. but TO think OF the great
imutable principles OF Justice. the
great immuiable principles Of right
ana wrong. and to, ponder what Il
means to men dependent for their
livelihood and to women and children
dependent upon these men, when thu
courts OF the land deny them the JUS.
tice to which they are entitled.
Now. gentlemen. IN closin. and in
thanking you for your courtesy, let
me add one word. Keep clearly In
view what are the fundamental aims
OF government. Remember TINT
methods are merely the machinery
by which these ends are TO bs
achieved. I hope that not only you
and !. but all our people may ever
remember that while good laws are
necessary; while II Is necessary 10
have the right kind NJ oovornm.,..,