Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-01-21
DEFENSE OF. COURTS
Senator Root Condemns the
Recall Of Judges.
WOULD OVERTURN SYSTEM
Abandons Conception Of Justice
Above Majorities.
FINDS THE BAR TO BLAME
Addresses Annual Meeting Of New
York State Bar As
ISOLATION.
WOULD 0vERTURN SYSTEM
FINDS THE BAR TO BLAME

NEW YORK. January Ex-senator
Elihu Root. in an address here Friday
stanchly defended both the state and
federal courts Of the country and de-
nounced the principle underlying the re-
call Of judges. The senator. as president
OF the New York State Bar Association.
spoke at the annual meeting Of that or
ganization. His theme was Judicial De-
cisions end Public Feeling"
Speaking of the increasing tendency
among Americans toward impotence
with the courts whenever judicial decis-
ions do not agree with their wishes. Sem
ator Root said the provisions for the re-
call Of judges already adopted in some
states. and widely advocated in others,
are an exhibition Of this Impotence and
demand for more unchecked oppor-
tunity to make the judges feel its effects.
With these tendencies the speaker de-
clared he had no sympathy.
Contradiction Of Basic Principles.
"A sovereign people," said he. (which
declares that all men have certain in
alienable rights, and imposes upon it
self the great impersonal rules Of conduct
deemed necessary for the preservation of
those rights. and at the stame time de-
clares that it will disregard those rules
whenever. In any particular case, it is
the wish Of a majority Of its voters to
do SO, establishes as complete a contra
diction of the fundamental principles of
our government as it is possible to con-
ceive. 1t abandons absolutely the con-
ceptton OF justice which Is above ma
jorities, Of a right in tho weak which the
strong are bound to respect. 1t denies the
vital truth taught by religion and real
lied in the hard experiences Of mankind.
and which has inspired every constitution
America has produced and every great
declaration for human freedom since
Magma Charta-the truth that human
nature needs to distrust it's own inn
pulses and passions and to establish for
Its own control the restraining and guild
ing influence of declared principles Of &C.
ton
After stating that upon 1.-THE preserva-
ton of the law as 1t is at every moment
In Its course of continuous change and de-
velopment" depend the preservation of
order and the perpetuity Of free institu-
tons. Senator Root said:
IF this view Is to be changed and the
decisions Of our courts are to be consid-
cred In the same way and upon the same
presumptions, and with no greater respect
opinions, the authority of the courts will
inevitably decline. the independence Of
the judicial branch will cease judicial de-
cisions will interpret the law always to
suit the majority of the moment. and the
recall will be the natural and logical ex-
preston Of the relation to be assumed
between the people and the courts"
The cause Of this Impotence, said Sem
ator Root. does not arise from any de-
terioration in the character of the judges,
and he stated it as his belief that there
never had been a time when the favor Of
the rich or Of men powerful In social or
bushes affairs played so small a part in
determining the selection of judges.