The copper era and Morenci leader., 1912-08-30
RECALL IF JUDGES |S DANGEROUS
 ID COUNTRY
American Bar Association De nounces Plan Remove Jurists or Revoke Decisions; Delay
 and Expense Make Defects
DEPRIVE BENCH OF ABLE MEN
Committee Declares Those Concern ed Are Working on Methods to
 Remedy Defects.

MILWAUKEE, Aug. 27.-Fifty-four lawyers with at least one from each state, today completed for representa- tion to the American bar Association a report denouncing as dangerous to the country" all movements for the recall of judges or of judicial deci- sions.
 The report cites that the Ohio Con- stitutional convention declined to ap- ply the principle of recall to judges but provided that laws should be pass ed for prompt removal on complaint and hearing of judges for any mis- conduct involving moral turpitudc. This, the. report points out, substanti- ally is the system used in Massachn- sets and New York. Besides Cali fornia and Oregon, where the judicial recall exists other states which have taken action looking to the recall are Arizona, Colorado, Nevada and North Dakota, In the latter state the report asserts bar associations have started vigorous campaigns to induce the peo- pie not to support the recall.
 To Reform Defects.
 It. was pointed out that many state bar associations have formally de- nounced the recall. Those who sign ed the report include Frank B .Kel- logg of Minnesota; William B. Horn blower of New York; Frank E.. Gova of Colorado, and Jacob M. Dickson former secretary of war. named as one of those who originated the com mittee to expose the fallacy of the judicial recall.
 We recognize that there are de- fectS in the administration of Justice" says the committees report, @as there are in all branches of government which are of a necessity subject to the limitations of human infirmity. Those defects which have called for reforms consist principally of delays and expenses incident to rivals in fed eral and many state courts. It is the duty of all lawyers to use their influences to remedy these defects.
 Judges of the supreme court of the United States have taken steps to re- form rules and practice in federal courts and have called upon the legal bars Of the country for suggestions. Without exception the committee of the bar association throughout the country have recommended simpllfi- cation of practice so as to expediate business and save expense to liti- gants.'' Declaring laws rather than judges responsible for delays and ex- pense of procedure, the report con tinues:
 Good Men Halt.
 
 piled to judges will tend to deprive the public of judges of ability, char acter, high sense of duty and due re- gard to enlightened public sentiment and that such judiciary is absolutely necessary to the existence of consti- tutional democracy.
 Application of the recall to any or dinary officials may be question of but it is not fundamentally Tn rn O ind q in violation of those principles of gov which ages of experiences have demonstrated to be wise. Tn some states and in federal govern ment we have the right of impeach- ment, in several states right of re- moval of judge by legislature. If the right of impeachment is not enough, adequate remedy can be created for removal for misconduct In this way the independence of the judiciary can be maintained and a judge removed simply for incapacity or misconduct in office
 Negroes Admitted.
 Ten minutes was the time devoted oy the association to settlement of the question whether negro lawyers should be admitted to membership. 4 resolution presented by Dickinson vas adopted, providing that hereaft- er when negro is nominated for his race must be indicat- I'd to an exclusive committee.
 Attorney General WickerSham, said he resolution created a permanent member of William H. Leis, assist mt to the attorney general, who with wo other negro lawyers had been by the executive committee 'ecause of their race. Lewis, Butler 1 Wilson and William R. Morris of were then said to be reg Ilarly seated.