Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-08-28
Lawyers Strongly Condemn
Progressive Platform Re|a-
tive to Judges and All judicial
Decisions.
DEFECTS ADMITTED:
REMEDIES SUGGESTED
Right of Impeachment Exists
in Federal and State Legisla-
tive Bodies More Drastic
laws Proposed,
ny Morning sousnn, special Leased wlrs.l

Iby Morning journal Special LEASED wIre.l
Milwaukee,. Aug. 2..- Fifty-fonr
lawyers. with at least one from each
state. today completed for presenta-
tion in the American Bar Association
a report denouncing as dangerous
recall OF judges or of judicial decis-
icns.' but To apply the principle of
recall to the judges by providing that
laws should be passed for the prompt
removal, on complaint ana hearing,
Of Judges for any misconduct inVolv
ing moral turpitude'
This, the report points out, sub
stantially Is the system used in Mas
sachusetts, New York and other
states while besides California and
Oregon, where the judicial recall ex-
lists, the other states which have ta-
ken action looking to the recall are
Arizona. Colorado, Nevada and North
Dakota. In the latter states, the re-
port asserts. the bar associations have
started vigorous campaigns to induce
the people not to support the recall.
1t is pointed out that many state
bar associations have formally de-
nounced the recall.
I'VE acknowledge there are defects
III the administration " JuSiltt, says
the committees report. "as there are
in all branches of the government.
which are of necessity subject to the
limitations of human infirmity, These
defects calling for reforms, consist
principally of delays and expense in
cident to trials in the federal and
many of the state courts.
These dcfec,s, il Is the duty Of all
lawyers to use their influence to rem
edy. The judges Of the supreme
court Of the United states have taken
steps to reform the rules of practice
in the federal courts and have called
upon the bars Of the country for sus
gestions."
Declaring that laws, rather than
judges, are responsible for delays and
expenses Of procedure, the report con
tinues.
I'VE maintain that the recall ap-
piled to judges, Will tend to deprive
the public of Judges of ability, char
acter sense Of duty and due regard
to enlightened public opinion, and
that such a judiciary is absolutely
necessary TO the existence of con-
stitutional democracy.
The application of the recall to an
ordinary official may be question
of expediency, but it is not fundamen-
tally wrong. TO apply 1t to the jn-
dietary Is a violation of those powers !
Of government which ages of expert
ence have demonstrated to be wise.
In the states and in the federal gov
ernment. we have the right of I'M
and In several OF the
states the right of removal of judge
by the legislature. II the right OF
Is not sufficient, an
adequate remedy can he created for
he removal for conduct Inconsistent
With his office after complaint and an
opportunity to be heard in his de-
ense In this way the independence
IF the judiciary is maintained and
Judge is removed simply for incapac-
ty or misconduct in office.
Ten minutes was the time devoted
o the settlement of the question or
whether negro lawyers should he ad-
nitted to membership.
Secretary Wickersham said the res
'lution created Il permanent member
# William II. Lewis. an assistant 10
he attorney general, who with iw"
'ther negro lawyers. had been I'M
Gated by the executive committee be-
ause of their race. Lewis, Butler X.
wilson. of Boston. and william X.
iorrs, of Minneapolis We're then ,
aid to be regularly seated.