Evening journal., 1912-02-21

on a given policy they must have pub
lie servants who will carry out that
policy.
impeachment Failure.
Keep clearly in mind the distinction
between the end and the means to at
tain that end Our aim is to get the
type OF judge that have described, TO
keep him on the bench as long as pos
sible and to keep of the bench and, IL
necessary, take or the bench the
wrong type Of judge. Under the con-
ditions set forth in the extract from
the letter given above would per
sonalIy 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 Snduct had
revolted not only the spirit of justice,
but the spirit of common sense. 1 do
not believe in adopting the recall save
as a last resort, when 1t 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 II will 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 service on the bench
1t is nonsense to say that impeach-
ment meets the difficulty. In actual
practice we have found that impeach-
ment does not work; that unfit judges
stay on the bench In spite of it. I'm
peachment as a remedy for the Ills Of
which the people justly complain is
complete failure. A quicker, a more
summary. remedy is needed.
But there is one kind OF recall in
which very earnestly believe and the
immediate adoption OF which l urge.
There are sound reasons for being eau
tious about the recall Of good judge
who has rendered an unwise and i'm
proper decision. Every public servant,
no matter how valuable, and not omit
ting Washington or Lincoln or Mar
shall, at times makes mistakes; there
fore we should be cautious about re-
calling the judge, and we should be
cautious about interfering in any way
with the judge in decisions which 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 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
fetish OF a judge or Of any cne else.
Abraham Lincoln said in his first inau-
gural. "If the policy OF the government
upon vital questions affecting the whole
people is 10 be irrevocably fixed by de-
cislons 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 10 the
Dred 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
ernment 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 a court In any
case and that therefore the judges are
to be established as sovereign rulers
over the people. I take absolute issue
with all those who hold such a posi-
ton 1 regard 1t as a complete mega
J ton Of our whole system Of govern
} ment. and II It became the dominant
! position in this country 1t would mean
the absolute upsetting Of both the
rights and the rule of the people. If
the American people are not fit foI
popular government and II they should
of right be the servants and not the
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 is a failure
1 believe, on the contrary, with all my
heart that the American people are 81
? for complete self government and thai
in spite of all our failings 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. If thu
courts have the final say so on all leg
islative acts and If no appeal can IL
from them 10 the people, then they ar
the irresponsible masters OF the people
The only tenable excuse for such
position is the frank avowal lat tn
people lack sufficient intellige zee ant
morality TO be At to govern themselves
In other words. those who take thi
position hold that the people hav
enough intelligence TO frame and adop
a constitution. but not enough intelli
, gence TO apply and interpret the cor
I stitution which they have tnemselve
made.
do not say that the people are in
fallible, but do say that our Who'll
p history shows that the American pee
pie are more often sound in their dc
cisions than is the case with any O
the governmental bodies TO which. 10
their convenience, they have delegat