The Hattiesburg news., 1912-05-07
WHERE THE RESPONSIBILITY
BELONGS.
Nevada State Journal.)

and the respect of the people, is the
need OF reform in the judiciary. There
is no use lodging the fact that this is
real problem. Neither will 1t be
solved by halfway measures. 1t is GER
tain that If the reform does not come
from the judges themselves and from
the members of the bar, the people
will take it into their own hands.
Whether the means used by the peo-
pie are wise must depend on the wis
dom of the people in the aggregate.
Whether the result will be good and
lasting must depend entirely on ex-
periment-but one thing is certain:
If the problem is not settled by those
who create it and who are responsible
for it the people will do something.
The recall of judges has been pro-
posed. 1t is a drastic remedy, but We
do not doubt that if no other remedy
cures the evil, it will be generally
adopted. If the quality of judicial
timber continues to be the same as
in the past and if the influences which
select judges remain the same as in
the past, the protest of the people
must keep on. The evils resulting
from the hasty and ill-considered re-
moval of judges by the people are no
greater than the evils resulting from
The hasty and ill-considered election
1f the judges by political bosses and
corporate interests in the beginning.
rhe govel nment OF Russia has been
'alled d "despotism tempered by as
assination." It's despotism can no
nore be upheld than its assassina-
ions. So long as the evil condition
ndures the people must seek some
heck.
What The Journal would propose is
o do away with that despotism of
olitics and of corporate interest; to
ar it out from the election of judges
giving to the bar a larger voice
nd greater duty in the selection of
idges.
The members of the bar throughout
lie land must be made to feel abso-
lte responsibility for the honor, the
onesty and the competence of the
ldges. Every stain on the judicial
mine is shame to each and every 7
.wyer. No lawyer trained in a pro- :
ession distinguished through the
ses for ethical ideals in the promo I
on of Justice, can look on the degra- (
alton of the judiciary without a v
ush of shame. g
But this must not be a mere ques- v
on of feeling. 1t is a question of ac.
yity. The lawyers OF the land must t
can house. If they do not do so a
e people will. r
This proposition is not simply di-
cted to Nevada. We do not pick n
1t Nevada as horrible example. I'm a
tisfactory judges are to be found in b
'ery part of this country. Law
RS everywhere look on the problem 4
Ith Indifference, except in those |
ses where they rise to defend in
me highly abstract way the inde-
ndence of the judiciary. This won't
!. We concede that a large portion
the judiciary consists of honest
d conscientious men, but they are
In spite of conditions rather than =,
result of them. The conditions :,
lst be changed and it is the duty =
the lawyers to help change them q
The first essential is the attention .,
the lawyers. They must be made q
feel responsible. After that they o.
ould be the foremost in a plan to II
Ne the judiciary completely out of +,
litics.
In every state We know of there is -
State Bar Association. It generally II
ercises a good influence on lawyers
enforcing a certain standard of
lics and exerting a certain inf1u-
ce in legislative reforms and re-
ms in court practice, but it rarely
Us any attention to the calibre of
N placed on the bench. 1t seems
regard elections as "acts of God !
the public enemy"-something in ~
table, hopeless and helpless. Bar III
'ociations have watched political ''
'ses move judges around like oi
~ns, without a word of protest. w
ey have seen the best men in their 81
lks forced to contaminate them
yes by active participation in DO /
cal and corporate deals in order l.
get permission to seek office.
ainst the selection of the boss of
her party they have never dared to
'e better man of their own choice
for whom they would stand re-