New-York tribune., 1912-04-05
GARDNER SCORES RECALL
Lodges SOn-in-Law Attacks
Roosevelt by Inference.
From The Tribune Bureau.

Washington. April 4.-Attackins the
| faIlacy Of the new doctrine of the recall o.
| judicial decisions Representative Augustus
| y. Gardner, Of Massachusetts, a son-in-law
of senator Lodge, delivered q speech in the
House to-day which amounted to an answer
10 the Columbus address of Theodore Roose-
| welt
Mr.. Gardner did not mention the eX-
President by name. but he handled his re-
| call proposition unsparingy. Following the
| Columbus utterances OF Colonel Roosevelt,
, 1t will be recalled, Mr. Gardner issued a
statement declaring he could not support
the ex-President. He asserted further that
II the Republican platform recognized tho
recall Of judicial decisions and the judiciary
he would refuse to make his race for Con-
gress on that platform.
I'VE are living In the age Of discomfort.
much of it justihable much of IT the artful
creation Of the demagogue." said Mr.. Gard
ner to-day. He added that when discon-
tented and filed with anger men do no:
attack with discrimination, but attack blind
~ in all directions. The plain English
Of the recall Of judicial decisions, continued
Mr. Gardner, Is that the minority have no
rights which the ma jority may not over
throw. He said:
\ little over half century ago the world
was startled by doctrine which found
great currency IN many states In the Union.
The dictum went forth that the negro had
no right which the white man was bound
to respect. And now the doctrine Is gain
Ing ground that the minority of the people
have no rights which the majority may
not vote to overthrow II II sees ht That
is the plain English Of the recall Of ju-
diCial decisions.
The doctrine Of the recall of the judlci-
AIRY by vote Of the people" is not quite
so extreme because some courageous Judges
will he found who will face the recall and
face a poverty-strickcn and humiliating old
age rather than render "A decision, no mat
ter how popular, which runs counter TO the
Constitution.
The Republican Senators who voted
against the Impeachment Of Andrew Jack
SON argued Mr.. Gardner were driven out
of public lifc, although nearly every stu
dent Of history realizes to-day that they
were right.
do you believe that Judges with the
sword Of the recall hanging over them
could possibly avoid being conscious of the
probable political consequences TO them
selves arising out of unpopular decisions
or out of decisions against powerful inter
ests or against powerful counsel?' asked
Mr. Gardner "Do you care 10 put your
judges In such positions? What sort of
men do you think would consent TO become
Judges under such condtlOns?'
referring TO the age Of discomfort" Mr.
Gardner asked:
Why is il that I'm the wave Of change
which has swept over England the British
Judges and the British courts have not been
tn" subject of attack Why should discon-
tent manifest itself In one direction at home
ana ia another abroad II is partly be-
and ours is still archaic But why
blame our courts FOR the use of wornout
tools? 1t is our lcgisla lures and our law
ycrs who have been Tcmiss in supplying
them with no new ones. and the people
ought not to tolerate this remssness one
day longer
The issue in this country to-day Dir