Pocahontas star herald., 1912-05-17

eAlsJeu unuer human control. 1t Is
condemned by the greatest man of
ancient and modern times, as un-
safe and unreliable-a system which
will eventually destroy all Justice
in our judiciary.
As remedy TO the evils that ex.
ist in our judiciary, in addition to
impeachment and Legislative recall
as applied to the judges of every
state, We, the negative, submit the
system of amending the procedure
Of impeachment and create a tribu.
nal for the removal of judges from
office for cause. Give them an op-
portunlty to be heard by an impair
tial tribunal similar to The Hague
Tribunal, which decides disputes
that occur between nations. Honor
able Judges, this system is proposed
by Dean Lawson of the University
of Missouri, President Taft, Tie
Union League Club of New York,
and the American Bar Association.
l ask my opponents to show us
examples and not exceptions where
the recall has been sufficiently tried,
that would Justify us in changing
our present system of impeachment
and Legislature recall.
Washington, Hamilton, Jefferson,
Madison, Marshall, and Monroe,
the trainers of the constitution of
the United States, saw that the
people would not qualify themselves
to vote upon points of law and
constitutions Therefore, they did
not deem it wise to place into the
hands of the common people our
judicial branch of government.
We have progressed IN strength,
wealth, and education to the fullest
extent. The constitution that our
fore-fathers adopted stands as a
model that has never been changed
save In one state and is now more
than hundred years old. In thus
rapid age of progress and civillza-
tion where the stars and stripes pre-
vail, in order for the common peo.
pie to 10 justice to themselves they
must turn all their attention to the
occupation they follow. Hence,
the farmer, or laboring class of peo-
pie have not the time and opportu-
nifty to qualify themselves to vote
upon points of law. Therefore,
when it is necessary they can hire a
lawyer whom they can trust, to
make their defense easier than they
can prepare to make their own de-
fense. The proposal to recall the
judges for an unpopular decision is
nothing less than proposal to abol-
ish courts. To abolish courts is to
abolish freedom, To abolish free
dom means the downfall of our
great nation.
next desire to quote to you a
statement made In congress by
Wendell Phillips: "We know the
unspeakable value of high minded,
enlightened, humane, independent
and just judge-one whom neither
fear, favor, affection, nor hope of
reward can turn him from his
course"
Doctor Woodrow Wilson also
said: "Judges are not law makers.
They are not administrators. Their
duty is not to determine what the
law shall be, but to determine what
it is. 1t is not necessary that they
should directly influence by threat
of recall those who merely inter-
pref the law already established"
Again, Col. Roosevelt said, In
speaking to the people of Arizona,
81 feel that it is to our self-interest,
to the interest of decent citizens
who want nothing but justice IN its
broadest sense, not to adopt any
measure which would make Judges
timld, which would make them
fearful lest deciding in some given
case the might arouse a storm of
anger, temporary but fatal"
Honorable Judges, in conclusion,
we, the negative, have proven to
you, first, that the recall Of state
and federal judges is inexpedient.
because it has been denounced by
all great men of ancient and modern
times as unsafe and unreliable. Sec
ond, that 1t is dangerous to our re-
publican form of government, be.
cause it would deprive the minority
of their just rights. Third, that it
is impracticable, because it is moth
ing mole than theory and has not
been sufficiently tried. Fourth, that
it would be detrimental to our Judi,
ciary, because the majority of the
people are incompetent to decide
upon points of law and constitution.
Fifth, that the recall of state and
federal judges would bring them
into the bounds of politics, because
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