The weekly Republican. (Plymouth, Ind.) 1911-1922, 1912-02-29

Moreover, where possible, the question
actually to be voted on by the people
should be made as simple as possible.
In short, believe that the initiative
and referendum should be used not as
substitutes for representative govern
ment, but as methods of making such
government really representative.
Give the legislature an entirely free
hand; and then provide by the initia-
tive and referendum that the people
shall hive power TO reverse or sup
plement the work Of the legislature
should it ever become necessary.
AS to the recall, l do not believe
that there is any great necessity for
it as regards short-term elective Of
ficers. On abstract grounds ! was
originally inclined to be hostile to it.
/ know of one case where it was &C
tually used with mischievous results
On the other hand, in three cases in
municipalities on the Pacific coast
which have come to my knowledge it
was used with excellent results
believe it should be generally pro-
vided, but with such restrictions as
will make it available only when there
is a widespread and genuine public
feeling among a majority of the
voters.
There remains the question of the
recall of judges. One of the ablest
jurists In the United States, veteran
in service to the people, recently wrote
me as follows on this subject:
There are two causes of the agi-
tation for the recall as applied to
judges First, the administration of
justice has withdrawn from life and
become artificial and technical. The
recall is not so much recall of judges
from Office as 1t is a recall Of the ad-
ministration of justice back to life, so
shat it shall become, as it ought to
be, the most efficient of all agencies
for making this earth better place to
live in. Judges have set their rules
above life. Like the Pharisees of old,
they said, The people be accursed.
they know not the law (that is our
'rule). Courts have repeatedly defeat
ed the aroused moral sentiment of a
whole commonwealth. Take the ex-
ample of the St. Louis boodlers. Their
guilt was plain, and in the main con
fessed. The whole state was aroused
and outraged. BY an instinct that
goes to the very foundation of all So
cial order they demanded that the
guilty be punished. The boodlers
were convicted, but the supreme court
of Missouri, never questioning their
guilt, set their conviction aside upon
purely technical grounds. The same
thing occurred in California. 1t is to
recall the administration of justice
back from such practices that the re-
cent agitation has arisen.
Second, by the abuse of the power
to declare laws unconstitutional the |
courts have become lawmaking, in
stead of a law-enforcing, agency. |
Here again the settled will of So
ciety to correct confessed evils has
been set at naught by those who
place metaphysics above life. It is
the courts, not the constitutions, that
are at fault. 1t is only by the process
which James Russell Lowell, when
answering the critics Of Lincoln,
called 'pettifogging the constitution.
that constitutions which were de- |
signed to protect society can thus be
made to defeat the common good. |
Here again the recall is recall of
the administration of justice back |
from academical refinements to social
service"
There Is one kind of recall In |
which very earnestly believe, and
the immediate adoption Of which
urge. There are sound reasons for |
being cautious about the recall Of 9