The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-11

be reused by some decision of the court
against what they regard as their in
terest.
independence of Bench.
Under these conditions the case
litlgants would be called upon to pass
upon the qualifications of the judge
whose decisions had defeated them.
1t would be hard to think of ma
ch1nery better adapted to destroy the
courage of conviction and indepen-
dence of decisions in such cases.
The whole structure of popular
government rests upon the indepen-
dence of the judiciary. The people
create the courts in their fundamental
law for the very purpose of deciding
not only cases between individuals.
but cases between the momentary i'm
pulse of the people and the restric-
tons of the constitution, between the
acts of legislature and the funda-
mental law
"A device intended to give to a
passing majority of the electorate the
means of rem owing a judge for decid-
ing against it is to destroy all the
sanctity of constitutional restriction
and all of those checks and balances
that were intended to secure the de-
liberate popular judgment before con-
StltutlonaI amendments should take
place.
so fatal to the success and stabil-
ltv OF popular government did 1 think
the judicial recall to be that it seemed
to me my duty, called upon as part
of the legislative power of the United
States, to refuse to approve in the
constitution of a state such a vicious
provision.
Recall of Decisions.
''The other proposition is that of
in effect. as 1 attempted to show in a
speech which l delivered at Toledo
last night, to permit the changing ma
jority of the electorate at recurring
elections now to suspend and now to
affirm constitutional restrictions and
to bring about a system of govern
ment by special instances in which
the constitution shall be applied when
held in it's application when they find
temporary reasons for its being with
held.
Such a government would lack in
uniformity of law. which is essential
to justice, and would produce that
confusion and those exceptions in the
application of law which are the be-
ginnings and manifestations of a des-
pOtiSm.
IT have not attempted to say that
the administration of law in our courtR
is perfect. I do not think it is.
I'VE have had few corrupt judges. 1t
is said that we cannot remove them
except by the cumbersome method of
H.. IL
improve the methods of removal or to |
increase the reasons for removal, this |
can be done by the creation of a tribd- |
nal for the purpose; make it impartial; |
give the judges who are to be remoV- |
ed a hearing, and then let proper ac-
ton follow.
But that is very different thing |
from leaving to disappointed litigants
the power to remove the judge whose |
decision has been against them. On |
the whole, the judiciary of this country, |
appointed and elected, are highly holi-
orable and learned body of men.
ct has been the habit to abuse the |
courts, when as a matter of fact, the |
abuse should be leveled at the proce-
1ure and the circumstances which have
tied the hands of the judge in giving
great expedition and greater certainty |
Of punishment in the criminal laws and
less cost of litigation in civil cases.
Interfere With Legislation.
1T is true that in number of in
stances which have been made known
oy public comment Judges have, in my
iud gment, mistakenly interfered with
legislation or interposed
objection to its enforce
nent, bat these instances are the ex-
,eptions, for it can be safely affirmed
hat in the great majority of such con-
;titutional decisions the views of the
courts and the judges respond to the
rend of enlightened public opinion.
when this is not done, the remedy
S perfectly evident. Amend that CLAUSE
If the constitution which interfereS
With the progressive law, if it is a
aw that the people desire.
Nine Progressive Measures.
"There are many other things done
n this administration that would come
properly under the head of progress
i've measures and that justly entitle
hose who feel responsible for it to
lain that it has been progressive
administration and that if it is return
d to power further progressive meas
res may be expected. Postal savings
,anks have been established, and the
of the postoff1ce for the
Use of the parcels post is quite at hand
nd has been promoted in every way
~ the present administration.
I'm other words, If the people give
O the Republican party and the pres
MT administration their mark of ap
roval in the national election the
march of progressive legislation will I
ontinue and the progressive additions j
o our governmental structure which
re to serve the purpose of making
roader and wider and more perfect |
he equality of opportunity will con- I
inue to rest upon the substructure of ]
hat constitution and those restrictions s
yhich have secured for nearly a CEN
1rv and a quarter to the American
eopIe the infinite blessing of the
yidest liberty preserved and regulated
Y law.
AT UNION LEAGUE CLUB.