The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1912-02-29
on a given policy they must have pub
lie servants who will carry out that
policy.
lmpeschment a Failure.

Keep clearly il mind the distinction
between The end AID the means TO at
te.l at., Cd CIR ain IS tosGet the
IT, g jude i..l* ] have Deserted. to
kcc9 L.zl ca Il. }e-ch Is long IS pos
SIDE G-1 Il I-c3 e. tho lc-e-I ard, if
necess2ry, take CT Tie Lalcl the
wrong type &C judge. Under the CON
ditioDs set fo-,h il the extract FROM
the letter gi~en above l would per-
sonally have favored the recall OF the
judges both in California and in Mis-
souri,, for no damage that could have
been done by the recall would have
equaled the damage done to the COM
munity by judges whose conduct had
revolted not only the spirit of justice,
but the spirit Of common sense 1 do
not believe in adopting the recall save
as last resort, when it has become
clearly evident that no other course
will achieve the desired result. But
either the recall will have to be adopt
ed or else It viii have to be made
much easier than it now is to get rid
not merely C Lad judge, but Of
judge who, however virtuous, has
grown so CEt &c touch with social
needs AID fac5 hat lie IS unfit longer
TO render good service on the bench.
1t IS nonsense 10 say that impeach-
ment meets the difficulty. In actual
practice We have found that impeach-
ment does lot work; that unfit judges
stay on TO bel,oh in spite OF it. I'm
peachmeLt lsa remedy for the ills of
which sha people Justly complain is
com. 'eie fature. A quicker, a more
SUNNI, remedy IS needed.
But ,Aere IS one kind of recall in
which l Very earnestly believe and the
immediate adoption Of which 1 urge.
There are sound Reasons for ing eau
tiOus about the reeah 5lsdge
who has rendered ~ un5 "a ifrl-s
proper decision. I.egy servant,
no matter how W ual1 e. a no. ofuit-
ting Washington or Is8eo!n or Mas
shall, at times M Ees mist9 Ees. there's
fore we should b. cautious a5apt re-
calling The judge. and we should he
cautious about interfering in my way
with the judge in decisions witch he
makes in the ordinary course as be-
tween individuals. But when a Judge
decides a constitutional question, when
he decides what the people as Il whole
can or cannot do, the people should
have the right to recall that decision
if they think it wrong. We should hold
the judiciary in all respect, but it is
both absurd and degrading to make a
fetish Of judge or Of any one else.
Abraham Lincoln said in his first inau-
gural: eff the policy of the government
upon vital questions affecting the whole
people is to be irrevocably fixed by de-
cisions Of the supreme court
the people will have ceased to be their
own rulers, having to that extent prac-
tically resigned their government into
the hands of that eminent tribunal
Nor is there in this view any assault
upon the courts or the judges" Lin
coin actually applied in successful fash
ion the principle Of the recall in the
bred Scott case.
Trust the People.
Many eminent lawyers who more or
less frankly disbelieve in our entire
American system Of government for.
by and Of the people violently antago-
nize this proposal They believe and
sometimes assert that the American
people are not fitted for popular gov
eminent and that it is necessary to
keep the judiciary independent Of the
majority or Of all the people," that
there must be no appeal to the people
from the decision of court In any
case and that therefore the judges are
to be established AZ sovereign rulers
over the people. I take absolute issue
with all those who hold such a post
ton. I regard It a. q complete mega
ton Of our whole system Of govern
inent, and II It became the dominant
position IN this country it would mean
the absolute upsetting Of both the
lights and the rule Of the people. #
the American people are not 1t for
popular government and II they should
Of right be the servants and not tho
masters Of the men whom they them
selves put In Office, then Lincoln's work
was wasted and the whole system Of
government upon which this great
democratic republic rests II failure.
I believe. on the contrary, with all my
heart that the American people are flt
for complete self government and that
In spite Of all our fatlings and short
comings we Of this republic have more
nearly realized than any other people
on earth the ideal Of Justice attained
through genuine popular rule. II the
courts have the final say 50 on all leg
1slative acts and II no appeal can lie
from them to the people, then they are
the irresponsible masters Of the people.
The only tenable excuse for such a
position Is the frank avowal that the
people lack sufficient intelligence and
morality to be f1t to govern themselves.
In other words, those who take this
position hold that the people have
enough intelligence to frame and adopt
constitution, but not enough intelli-
gence to apply. and interpret the con-
stitution which they have themselves
made.
1 do not say that the people are in
fallible, but I do say that our whole
history shows that the American peo-
pie are more often sound in their de-
u