Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-24
,,,lIns with the recall MI

,.,,ng with the recall MI
rocall. I do not believe that
glo 'ls ,r great necessity for 1t as
pts l,,set s~'l grounds was originally
ilsllaOih he hostile to it. know OF
1fa y .bere it was actually used
clss cls5s.hieyous results. On the other
Il1VI, % ,hrse cases in municipalities
" y 51rific . Coast which have come
l' sruowledge it was used with ex-
10y AuO"lt A",~lts believe 1t should be
nI ~ 'nroy'ded, but with such re-
llln, flIas as 4 will make it available on
ssan or' there is widespread and
INA & uubIic feeling among a ma
N "a St The voters. 4.
S.rs remains the question OF the
N ll1'O oi Judges. One of the ablest
~ q T. he United States, veteran
lsS a'iDs ID the people, recently wrote
\, ALLOWS on this subject:
I...S y , are two causes of the agi-
a''y ,or the recLll as applied to
~ FIRST, the administration of
s hoo Withdrawn from life and
.. w artificial and technical. The
I IN 4 not so much a recall OF
~, ~ from office as it is a recall Of
4, 'dmlulstration of justice back to
~ Nat Il shall become, as 1t ought
n me- most efficient Of all agencies
!, I, making this earth a better place
M m. Judges have set their rules
~. lIie Like the Pharisees Of old,
\, % have said, The people be ac7
IN they know not the law (that
mi rule9. Courts have repeatedly
,s,tsd The aroused moral sentiment
\, whole commonwealth. Take the
~nOle Of the ST. Louis boodlers.
M guilt was plain, and in the main
s~ipssed. The whole state was
,rr,sd and outraged. BY an instinct
N rOes to the very foundation of all
rd,l order they demanded that the
I'M be punished. The boodlers were
rTcted but the supreme court Of
TvOui, never questioning their guilt,
4 their conviction aside upon purely
sADiCal grounds. The same thing
mred In California, Nero, fiddling
N burning Rome, was a patriot and
,Itesman in comparison with judges
.Ts thus trifle with and frustrate the
'rused moral sentiment of a great
gDs for that sentiment is politically
IN VITAL breath of both state and ma
la Il Is to recall the administration
hStice back from such practices
/ NJ The recent agitation has arisen.
Second, by the abuse of the power
3 declare laws unconstitutional the
nrts have become a lawmaking, in
bad Of a law-enforcing, agency. Here
lain the settled will Of society to cor Z.
Nj confessed evils has been set at
ulght by those who place metaphys-
5 above life. 1t is the courts, not
v constitutions, that are at fault. 1t
only by the process which James
liSell Lowell, when answering the
dics Of Lincoln, called 'pettifogging
v constitution, that constitutions
IRth we're designed to protect society
81 thus be made to defeat the com
aa good Here again the recall is
inall Of the administration of JUS
IL back from academical refinements
y social service.
Al Independent and upright judi
tlT which fearlessly stands for the
aIht even against popular clamor,
HI which also understands and sym
Eh1es with popular needs, is a great
HRt Of popular government. There
Ano public servant and no private
m whom place above a Judge of
y best type, and very few whom /
liE beside him, believe in the cum
llllVe value Of the law and in its
llue as an impersonal, dlsinterested
'se Of control, believe in the me-
eElg for the courts Interpretation
sAe law as law without the power to
alage the law or to substitute some
'aa thing than law for 1t. But
g'e with every great jurist, from
lli'hall downwards, when | say that
uay Judge is bound to consider two
.llaIe elements in his decision of .
y one the terms Of the law, and
9iner the conditions Of actual life
!. ,lch the law is to be applied. Only
nklng both Of these elements into
aqlnI !. Is It possible to apply the law
/. la spirit and intent demand that