The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-10-29

bklISoN III W.
corded the simplest and most usual
and fundamental right Of having a
nearing. IN accordance with ideas
TO-DAY IN a representative government
of due process of law"
Neither OF the amendments require
any notice to the accused officer. They
give to him no hearing, no opportuni-
ty to defend.
Both provide for the passing Of
Judgment of condemnation without
notice and without an opportunity to
be heard.
Both provide that the recall petition
..shal! lie filed. but do not provide for
service of h same upon the person
to be recalled.
Both give to the person to be recall
ed the right to resign within tive days
from the filing OF the petition. but
neither provide for notice to him OF
the filing.
Both give him the privilege to put
not in excess OF two hundred words on
the sample ballot his Justification,
such ballot to be posted within Ave
days of the election. but do not pro-
vide h a such officer. to be recalled.
shall he given notice of the charges SO
that he may make or prepare his jus.
titication.
Neither amendment requires that
the petition of recall should accuse the
judicial officer. to be unSeated, Of mis-.
conduct IN office. or m~isfeasance, NAL
teasance. neglect of duty. habitual
drunkenness. corrupt conduct. or of
any other act or omission which un.
aer existing constitution and laws are
proper and sufficient grounds for re-
moval. All that either amendment re-
CURES IN the petition demanding the
recall of such judicial officer is the
reasons for the demand"
Amy reason. good or bad. sound or
unsound. sane or insane. foolish or
otherwise: false reasons. true reasons.
any reason is sufficient.
1t might he some Of the following:
That he stole his nomination." that
he was not honestly elected" that he
was not the choice Of the best part of
the people" that he is not as well
qualified as his o%pponent:" that he
had but a small majority and has
served half his term and it is fair
that his opponent should be given an
true to his party that he has not
been true to his friends" that they
have changed their minds" that they
have been disappointed in him. that
they dc not approve of his religion,
or the want Of it," that he has de-
cided a case not in the best interests
- s"S tSopiC VI II particular CITY:
that he is getting too old and a
younger man ought to be given an op-
portunity to serve as Judge"
All OF these reasons. as we'll as
many others that might be stated,
could we'll become either a dirct or
an indirect ground for circulating a
petition for the recall of a judicial off,
Ger.
Are we ready by such a summary
| method TO Give nm annnptVN{x1. %>~ 10
feated n disappointed politicians to
inaugurate an election campaign at
any time that they desire, upon such
possible grounds?
Are We ready to agree that such ju-
dicial officer may he removed al any
time for any reason whatsoever?
Furthermore. II either Of these
under the provisions Of either amend.
ment would he safe in leaving his dis.
trict even for a short absence. for IL
would be necessary for him to be al.
ways on his watch. otherwise he. may
be recalled without notice.
!. For instance. such a petition hight
be filed at Grand Forks for the recall
OF the district judge while he was
holding court at Devils Lake. or Is out
Of the state temporarily, perhaps fish,
ing at Bemidti: no notice to him is re-
CURED of the filing. and 1t is not
brought to his knowledge that he is
accused or Of what he Is accused: II
he does not resign. and he cannot re-
sign because he doesn't know about
the proceedings initiated. the election,
however. under the terms Of either
amendment is not thereby delayed. but
proceed sl1mmarily and in twenty days.
His late opponent perhaps. defeated
ny a small majority. redoubles his eff
forts, gets busy with his friends, and
gets elected. and all this may happen
in his absence. without his knowledge,
and all perhaps while he is chasing
the elusive fish at Lake Bemidji. or
reading up on Isaac Walpole.
Whatever may be our ideas with
reference to the recall of the judiciary.
(and ] offer no argument against the
recall Of the judiciary. upon a proper
method Of procedure based upon inn
moral. corrupt. " licentious conduct
on the part Of the judge). but we all
should agree that any provision for
the recall Of the judiciary which will
give a proper and legal hearing to an
accused Judge. and in this respect. I
do not state. or intend to argue. and
such is not the purport of this paper
by way Of argument. that the present !
provisions for Impeachment Of a Judge |
are sufficiently comprehensive. or that |
the body sitting as a board for hear
ing. is a sufficiently non-political body,
but certainly the necessity of the pre-
s~ervation Of the independence Of our
judiciary Is paramount. and no pro-
vision Of law should he c~ountenanced
that did in n case tend to render our
judiciary dependent.