Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1912-03-15
OPPOSED TO RECALL
MR.. TAFT TAKES EMPHATIC
STAND ON PROPOSED CHANGE
IN JURISPRUDENCE.
SEES DANGER TO LIBERTY
Admitting Defects in Present System,
the Chief Executive Points Out
What He Considers a Better Meth
cd of Remedying Them, by ConstL
tutionaI Amendment.


Toledo, Ohio.-In an address On
'The Judiciary and Progress" in this
city, President Taft declared emphat-
ically against the proposed recall
OF judicial decisions. advocated by ex'
President Roosevelt
Without qualification, the President
asserted that the change in proceed
ure, if adopted would destroy the in
dependence of the courts and place
the minority of the electorate at the
mercy of the majority, possibly moved
by sentiment or self-seeking motives.
He also points out wherein, in his
opinion. the stability of the law
would be imperiled, being subject to
the within of a majority or the voters,
to be exercised at any time. In this
connection the President said
Ito protect against the momen'
tary impulse of temporary majority
of the electorate to change the funda'
mental law and deprive the individual
or the voting majority or the non
voting majority of inalienable rights,
the Constitution provided a number Oh
checks and balances whereby every
amendment to the Constitution mus
be adopted under forms and with de-
lays that are intended to secure sucA
deliberation On the part Of the cleo
torate in adopting such amendments
Admitting defects in the present
judicial system, Mr.. Taft said: I
have pointed out in addresses and
presidential messages the great need
for cheapening the cost of civil litiga-
ton and expediting it so as to put as
little a burden on the poor litigant as
possible. The popular impulse has
been to take away the power from the
judge and give it all to the jury, and
this has not been for the public good
in the enforcement Of the criminal
law"
Concerning the possibility of motor
iously corrupt judges on the bench,
the President urges the creation of
a tribunal for the removal of judges
for cause, saying: Give them an op-
portunity to be heard and by an i'm
partial tribunal but do not create a
6y SlSAl ny w u1Ch, III INC meat VI Olo-
appointment over a lost cause, the
defeated litigants are to decide with
out further hearing or knowledge
whether the judge who decides
against them is to continue in Office
In summing up his objections to the
proposed move Mr.. Taft said "a
most serious objection to the recall
of decisions is that it destroys ak
probability of consistency in constitu.
tional Interpretation. The majority
which sustains one law is not the
same majority that comes to consider
another, and the obligation of consis-
tency of popular decision is one which
would sit most lightly on each recur-
ring electorate, and the operation Of
the system would result in suspension
or application of constitutional guar
antees according to popular whim.
We would then have a system of sus-
pending the constitution to meet spe
cial cases. The greatest of all despot-
isms is a government of special in
stances"
The President concluded:
Finally l ask what is the necessity
for such a crude revolutionary, fitful
and unstable way of reversing Judi
cial construction of the constitution?
Why, if the construction is wrong, can
1t not be righted by a constitutional
amendment? The securing of that. it
is true, is usually hedged about by
checks and balances devised to secure
delay, deliberation, discussion before
a change of the fundamental law; but
such amendments can be made, and If
so, the effect of the decision can be
reversed in respect to a new law by
an amendment with express terms OF
authority TO enact such a law. An
answer made to this is that the same
Judges will construe the amendment
and defeat the popular will as in the
first instance. This assumes dishon-
esty and a gross violation of their
oaths of duty on the part of judges,
a hypothesis utterly untenable
Freedom Would Be Lost
Il have examined this proposed
method of reversing judicial decisions
On constitutional questions with care.
I do not hesitate to say that it lays
the AK the foot of the tree of Well
ordered freedom and subjects the
guarantees of life, liberty and property
without remedy to the ftful impulse
of a temporary majority of an cleo.
torate.. Such a proposal is ut
terly without merit or utility, and, in
stead of being progressive, is reac-
t1onary; instead of being in the inter
est OF all the people and of the sta,
bility Of popular government, is SOW
ing the seeds of confusion and
TYRANNY"