Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-03-09
RECALL, OF JUDGES TENT
FOR PRINCIPAL SPEECH.

Toledo, o., May S.-President TAFT
in an address here tonight on The
judiciary and Progress declared tne
proposal recently advocated for the
recall of judicial decisions hy the vote
Of the people. to he utterly without
merit or utility. and instead of being
progressive is reactionary.
The president made no direct ref
erence to former President Roosevelt
nor to the latter's speech at Colum ,
bus, before tie Ohio constitutional
convention, but referred freely 10
many of the policies put forward by
the colonel in that address.
President Taft spoke in part as
follows:
In the last year or two we nave
heard much of radical methods OF
changing the judiciary SYSTEM
Il conrcdc that the system is not
perfect or as good as 1t can and ought
to be made. ] have been preaching
for reform. especially in the enforce
ment OF the criminal law, for years.
The defects i'm our judiciary nave not
been in the corruption OF the judges
but mainly in the procedure ana IN
the helplessness Of the judges in jury
cases to assist in reaching right con-
been to take away the power and give
Ii TO the jury. and this has not been
for the public good in the enforce
meN of the criminal law
In the remedy by judicial recall,
It is proposed TO provide 10y law thai
Whenever a Judge has so discharged
MS duties as to induce q certain per-
eentage Of the electorate to deem IL
Wise TO remove him and that percent
J age sign petition asking ms recall
an election shall take place in when
NE Incumbent shall stand against
o1ner candidates: and n he does not
secure plurality Of votes he Is llso
iacto removed. Could a system he de-
Flsed better adapted To deprive the
judiciary OF that independence win
out which the liberty OF the indiNidual
cannot he maintained against the
sovernment and the majority?
But it is said we may have corrupi
Judges. We'll. create tribunal LOT
removal of judges for cause. GIVE
hem an opportunity TO be heard ana
'y an impartial tribunal; but do not
cfeate system by which, in the neat
VI disappointment over lost cause
ne defeated litigants are u aeeids
"nat further hearing or knowledge
mem IS to continue in office.
Let us examine The other mcthoo
proposed fer the reformation OF the
judiciary. That is a recall Of de-
clsions
This il "A remarkable suggestion
ahu one that is so contrary 10 any
uing in government ever heretofore
proposed that {. is hard to give II tht
sericus consideration which ~ de
serves because Of it's advocates and
~ the conditions unde- which II Is
advanced.
What the court decides Is thai th'
.Adcted law violates the fundamcnta
,a~ and is beyond the power OF th'
,essiature to enact. But when TINS
.sue Is presented to the electoral"
,rhat will be the question upPernosl
- The minds Of most of them and
,ylced upon them by the advocates oi
e law WHAT this recall OF de
NHl"ns viii amount TO- II applied e
constitutional questions. - that ther'
wi De- suspension Of the constita'
% %'h 10 enaAic temporary majority
tne electorate TO enforce a popular
ut invalid act
Soppus~ the act "a be invalid be
ose Il infrinKrs the rights Of lihert,
certain unpopular class, and b