Evening journal., 1912-02-14
PEOPLES COLUMN
RECALL A SAFE GUARD,
THE REASONS FOR SANE


Editor Of THE EVENING JOURNAL.
Our government is supposed to be
one of rchecks and balances" The
lawmakers are a check on the eXecu
tive, for they may define his duties aud
they hold the purse-strings. The ex-
ecutiye is a check on the lawmakers,
for he has veto power. The court may
enjoin or mandamus the executive and
may declare the work of the lawmak
ers null and void But how about the
iudges2 Where and what check has
the legislative or executive branch on
them except the obsolete and inef-
tective right of impeachment
If II is proper for the people-who
are the nation--to check, restrain and
recall the lesser branches of govern
ment, is II not more necessary that
they wholesomely, patriotically and ef-
tectiVely control the judges, since the
courts have now seen fit to assert and
exercise a supreme power?
The greater the power the more
peed for proper and effective control.
There is more need for a brake on
an automobile than on a wheelbarrow.
The stock argument against the re-
call of judges is that the independ-
once of the courts will be destroyed.
Where is there authority for this eX
aggerated notion of an independent
judiciary. Where is there any statutory
or constitutional law, sound reason or
! political doctrine, tending to establish
the courts supreme to all reasonable
control in matters of vital public pol
icy2
In 1887. when our constitution was
written, no English court had for 75
years held any act of parliment void.
The courts OF England and of the
! American colonies had confined them
selves to the Interpretation Of the law
as made. They had not presumed to
make law nor to nullify law.
So, when in the constitution was
written "the judicial power of the
! United States shall be vested in one
1 supreme court and such other courts
as Congress may from time to time
/ Ordain and establish" the fathers
meant such judicial power as then eX-
listed, that is, the Interpretation of
laws as written and its application to
/ facts proven. But even this right was
! limited-the supreme court shall have
/ Jurisdiction with such eX-
ception and under such regulations as
Congress shall make.
The constitution did not contcm-
plate any sanctity in judges, for 1t is
provided that judges Of the federal
courts. shall hold their office during
good behavior" Which is the same as
saying that judge shall be removed
for good and sufficient cause. And II
the means provided, which is impeach-
ment, has proven inadequate, should
not a new means be had? If not 1t is
impeachment and not the removal OF
Judges that we are making a sacred
thing. "a
This then disposes of the eXaggerat-
ed idea that courts and judges were
ever intended 10 be absolutely inde-
pendent
II is said that the recall is TOO rad
ical a change. Consider how radi
cal was our whole government wheI
il was planned and made! II was rev
olutionary. and founded upon sever
years war; war of the people
against kings and courts and parlia
mentsl A thing Is radical only before
70 has become the established order o
things.
Judge Redheld Of Vermont was eleo
ted 25 consecutive times for one yea
each time. and he was one of the ma
tons greatest Judges He would nc
fear a recall" and he feared n
mob His people loved him an
trusted him
Last of all. let us see who is for th
recall and who is against it, for ther
is no surer way TO test a man or
measure than tho calling the roll q
friends and enemies.
Opposed 10 the recall is every bosi
machine and old political organizs
tion; every man who opposes direC
primaries; every man opposed 10 th
election of senators by direct vote
every man who defended the purchas
of votes; every grabber of lands an
privileges; every man who oppose
the control of public utilities; ever
beneficiary Of special privilege; ever
man who sees in corrupt courts a pow
er that will pull the teeth OF progre.
sive legislation-all these are oppose
TO the recall Of judges. Many good me
oppose il, but none of those hav
named favor II.
George II. Litz
Wilmington, Feb. 13.