The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-03-26

prodt from legitimate industry by
restraint Of competition, 1t is nee
essary that new methods and meas
.ures be adopted by the government,
but this does not require the aban-
donment Of constitutional govern
ment.
"A have been a great admirer OF
Colonel Roosevelt, and have consid-
cred him available timber for the
presidency until Bhe delivery Of his
Columbus speech, in which he de-.
clared for the recall of judges, and
especially for the recall Of Judicial
decisions.
Recall Of Judges.
Il can not believe in the -indis-
eliminating recall of judges. This
would permit the recall of the just
as well as the unjust Judge, the up
right as well as the unworthy
However, / am inclined to think that
an easier and more speedy method
of impeachment for the corrupt, in
competent Judge should be pro,
yided This could easily be done by
establishing tribunal for the hear
ing and determination Of impeaoh-
ment proceedings-without delay, and
without waiting for Impeachment
proceedings before a biennial legIsla.
ture. A corrupt or incompetent Judge
should not be allowed to remain,
notwithstanding the mistake ON his
election by the people. A Just and
competent judge should not be sub
ject to recall by popular vote how
ever much he might be mistaken in
a single or in a number of decisions.
To permit the recall Of judges would
make the Judge an instrument Of
popular favor in the decision Of
leases. 1t seems to me Judge has a
higher duty than to become or re-
main popular. If his highest duty
were to remain popular in order to
prevent being recalled, then, he
should color his decisions to
please the dominant influence in
his circuit or district, rather than
use his best endeavors to do justice
under the law, Thus in wet dis
trict he should be easy upon of
lenses for the illegal sale of intoxi-
cants. In a dry case, of a popular
person charged with crime he. should
be lenient, and in the case of an un-
popular person very severe. Who
would have respect for a court Of
Justice SO nodded in, its decisions
by popular influence, or by the con-
trolling influence, at the polls of his
1district or circuit whether that in
fuence be the influence exercised by
the professional politician, the great
business interest, or the majority Of
voters? If there is anything every
man has right to have in this
country, it is clean. Just and up
right Judge, free from prejudice,
bias, or Interior influence, for the
trial of his case, and not judge
who will cater to that influence
which he may believe for the time
being is most potent in his district.
Roosevelt's Theory sdn Worse.
/ The recall of judicial decision OF
a constitutional question 1 regard
as infinitely worse that. the indis-
criminate recall of judges. The re-
call of decision under the consti-
tuition would seem to be inimical to
the permanence of constitutional
government. Perhaps the greatest
security the people have against the
recall of judicial decision of a con-
Institutional question is its very alb
surdity. Why have constitution?
why have government at all? Who
needs either? 1t may be truly said
that the strong and powerful,
whether that power consists of
physical force, or influence over
others, or of numbers, have less
need for government than those less
fortunate. 1t is the weak, the mi
nority, the lesser influence which
needs and must have government il
they shall continue to exist at all.
Constitutional government is not
erected upon the proposition that
might makes right. but upon the
principle that the rights of every
individual, whether he be one of
the majority or of the minority, are
equal and the same under the same
circumstances.
When we remember the history OF
the development Of government we
find that in early times people were
banded together in bands, or tribes.
nomadic in their habits. Disputes
between the bands or tribes were
settled by force, or by barter. Later,
the feudal system prevailed, under