The daily sentinel., 1912-02-21

constitutional letters on the legisla
ture as so many constitution makers
have recently done. Such action on
your part would invite the courts to
render nugatory every legislative act
to better social conditions. Give the
legislature an entirely free hand and
then provide by the initiative and
referendum that the people shall have
power TO reverse or supplement the
work of the legislatures should 1t
ever become necessary.
"As to the recall. | don't believe
that there is any great necessity for
IL as regards short-term elective Of
ficers. There remains the question
OF the recall of judges.
AN independent and upright judi
ioiary which fearlessly stands for the
right. even against popular clamor,
but which also understands and sym
pathizes with popular needs. is a
great asset of popular government.
1 believe in the necessity for the
courts Interpretation of law as law
without the power to change the law
or to substitute some other thing
than the law. | don't believe in
adopting the recall save as a last re-
sort, when it has become clearly evil
dent that no other course will achieve
the desired result. But either the
recall will have to be adopted or else
it viii have to be made much easier
than it now is to get rid, not merely
OF a bad judge, but of Judge who,
however virtuous, has grown so out
of touch with social needs and facts
that he is unfit longer to render good
/ 10 10
to say that impeachment meets the
difficulty. In actual practice we
have found that impeachment does
not work, that unfit judges stay on
the bench in spite OF il, and indeed,
because of the fact that impeachment
is the only remedy that can be used
against them.
"A quicker, more summary rem
edy is needed; some remdy ut least
as summary and as drastic as that
embodied in the Massachusetts con-
stitution. And whenever it be found
IN actual practice that such remedy
! does not give the needed results, 1
would unhesitatingly adopt the re-
call.
But there is one kind of remedy
| earnestly believe in, and immed-
a judge decided constitutional ques-
ton, when he decides what the peo-
! pie as whole can or cannot do. the
people should have the right to re-
call that decision If they think it
wrong. We should hold the judi
iciary in all respect but it is both
absurd and degrading to make fet-
ish of judge or of any one else.
tn ny NftaA 10, l..
and sometimes assert, that the Amer
lean people are not fitted for popular
government, and that it is necessary
to Keep the judiciary independent OF
the majority or all the people; that
there must be no appeal to the peo-
pie from the decision of a court and
therefore judges are to be establish
ed as sovereign rulers over the peo-
pie.
Il take absolute issue with all
those who hold such position. | re-
gard 1t as complete negation OF our
whole system of government and if
II became the dominant position in
this country, it would be the absolute
upsetting of both the rights and rule
/ OF the people. III the American peo-
pie are not fit for popular govern
ment, and if they should of right be
the servants and not the masters of
the men whom they themselves put
| in office, then Lincolns work was
wasted and the whole system of gov
| eminent upon which this great dem
ocratic republic rests is failure.
believe, on the contrary, with all my
heart that the American people are
tit for complete self-government, and
. L., >
shortcomings, we, of this republic
have more nearly realized than any
other people on earth the ideal OF
justice attained through genuine pop
ular rule.