El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-21

not merely of a bad judge. but OF q
judge who, however, vfrtuOus, has
grown 50 out of touch with social needs
and facts that he is unfit longer to rem
der good service on the bench. 1t IS
nonsense TO say that impeachment
meets the difficulty. In actual practice
We have found that impeachment does
not work, that unfit judges stay on the
bench In spite of It, and indeed, because
of the fact that impeachment is the only
remedy that can be used against them.
Summary Remedy Needed.
quicker more summary, remedy
IS needed; some remedy at least as
summary and as drastic as that en-
ton And whenever II be found in ac-
tual practice that such remedy does
not give the needed results. I would
unhesitatingly adopt the recall
But there is one kind or recall IN
which very earnestly, believe and the
immediate adoption o. which I urge.
Wnen judge decides constitutional
question, when he decides what the peo-
PIE as whole can or cannot do. the
people should have the right TO recall
that decision If they think Il wrong
We should hold the judiciary in all re
specti but it is both absurd and de-
grading to make fetish of a judge or
OF any one else.
Many eminent lawyers believe, and
sometimes assert, that the American
people are not fitted for popular gov
ernment, and that II is necessary TO
Keep the judiciary independent OF the
majority or OF all the people; that there
must be no appeal to the people from
the decision Of a court In any case;
and that therefore the judges are to be
people.
take absolute issue with all those
VINO hold such position. I regard 1t as
a complete negatiOu OF our whole sys-
TEN or government, and If it became the
dominant position in this country. II
Eerr@ -
Doth the rights and the rule of the
people If the American people are not
III Tor popular government, and II
they should of right be the servants
and not the masters of the men whom
they themselves put in office, then Lin
coin work was wasted and the whole
system OF government upon which this
great democratic republic rests Is
failure. believe on the contrary. with
all my heart that the American people
are 1T Tor complete self government,
and that, in spite Of all our failings and
shortcomings, We Of this republic have
more nearly realized than any other
people on earth the ideal OF justice at
talned through genuine popular rule.
the courts have the final say 50
on al legislative acts and II no appeal
can lie from them TO the people, than
they are the irresponsible masters OF
the people In other words, those who
take this position, hold that the peo-
PIE have enough Intelligence to frame
ana adopt constitution, but not enough
intelligence to apply and interpret the
constitution which they have them
selves made.
Now the power to interpret is the
power TO establish; and If the people
are not to be allowed finally to inter
pref the fundamental law ours is not
d popular government
A typical case was the decision rem
dered but a few months ago BY the
court OF appeals Of my own state, the
state Of New York, declaring uncOnsti-
tuuonal the wOrkmen's compensation
act The judges admitted that other
civilized nations had abolished those
wrongs and practices. But they took
the ground that the constitution Of the
United states, instead Of being an in
srrument TO secure justice, had been
lngenlously devised absolutely to pre-
vent vent Justice They insisted that the con-
stltullOn mad permanently cursed our
people With impotence TO right wrong
ana had perpetuated a cruel iniquity {
NO anarchist orator, raving against
1lclnlent OF II so severe as these
worthy and well meaning Judges must l
pc held TO have framed II their reason
-ng De accepted as true In its essence /
" was reversed by the decision Of state [
courts IN states like Washington and ]
-oWas ana by the supreme court of the ]
nation IN case but q few weeks old I
Sites Instance OF Judicial Error.
i know OF no popular vote nv am,
ll4te OF the union more fragrant in It's 4
lance OF rlgnL and justice more T
mort sighted in its inability to face the f
hanged needs OF our civiliza ton than
MS decision by the highest court OF
ne state Of New York MANY OF the
uoges Of that court knew personally.
nc TOT them have a profound regard.
ven lot as Ilagrant a decision as this
would not vote for their recall: for 4
ave no doubt the decision was rem
-ered In accordance with their idear OF
,uLy- BUT most emphatically, do wish Z
nat tne, people should have the right
o recall the decision itself. ana an
norltatiVely to stamp with disapDroval
WAT cannot but seem to the ordinary
IAN clllzen monstrous misconstruc-
ion OF the constitution. a nonsfro11s
'erVersion Of the constitution into An
for the perpetuatfon OF So
lal and industrial wrong and for the on
" Essen OF the weak and helpless
If there must be q decision bz q :
lose majority, then let the people stem
2 and let 1t be their majority that