Marble Hill press., 1912-03-14
TAFT SCORES RECALL
WOULD RoB JUDICIARY OF lHos.
PENogNcG WHICH is BuL.
wARK or LIBERTY.
FlTFUL AND UNSTABLE PLAN
Method Of Reversing judicial oeel'
slons Lays A. ., Foo, Of Tree OF
wsll-ordsred Presoom-csIls A.
auments Weak and Fsllaeious.

aumsns Weak and Fsllseioua
Toledo, 0hio.-ln an Add~ss on
The judiciary and Progress, deliV'
cred here. President Taft comes out
strongly against the recall Of judges
aud the recall Of judicial decisions
After dealing at length with the the
ory OF government and the functions
Of our courts. the president takes up
the charges against the existing sys'
TEN He says
The defects In our judiciary have
not been IN the corruption Of the
judges. but mainly IN the procedure
aud In the helplessness OF the judges
in jury cases 20 assist In reaching
right conclusions Such defects are
completely within the control Of the
legislatures Of the state and congress.
But these humdrum defects and
/ their tedious remedies are not of the
/ spectacular character 20 call for politi'
/ cal discussion or 10 attract EFFORT from
| politicians IN the passage OF remedial
Legislation The formidable attack
upon our judiciary now 10 that the
Judges do not respond sufficiently 10
popular opinion. II 10 said that courts
are interposing their obstructive pow
er 20 the enforcement OF legislation
looking 10 the relief OF the oppressed.
by declaring laws unconstitutional and
by so-called judicial legislation IN In
terpreting into statutes words not 10.
tended by the legislatures How n Il
proposed 70 remedy these wrongs In
one Of two ways. either by the judicial
recall or by the recall of judicial deci.
siuns
In the remedy by judicial recall q
ls proposed TO provide by law that
whenever Il Judge has 50 discharged
his duties as 10 induce certain per.
centHRe OF the electorate 20 deem Il
Wis. 70 remove him and that percent.
age sign petition asking his recall
Could a system be devised. better
adapted 20 deprive the judiciary Of
that Independence without which The
liberty and other rights x be inii
vidual cannot be maintained against
the government and The majority
But n is said We may have corrupt
Judges. How are We going o get rid
OF them They can be !mpsached
under our present system But that
is said % be TOO cumbersome Well,
amend the procedure of Impeachment
Create a tribunal for removal OF
Judges for cause. Give them an op
portuuity 70 be heard and BY an I'm
partial tribunal. but do not create d
system by which, IN the heat Of dis
appointment over lost cause, the de
feated iugants are 20 decide without
further hearing or knowledge whether
the Judge who decides against them is
to continue IN office il would be hard
10 devise a more unjust and inefec
tive method of purifying the judiciary
or one less likely 10 promote courage
Of honest conviction.
Passing on 70 the question OF the
recall o! decisions, lie says
A most serious objection 70 the re
call of decisions is that u DESTROYS Gil
probability Of consistency in Constltu
ucnal Interpretation The majority
which susta!us one law Is not The
same majority that cones TO consid
er another, and the obligation Of con
sistency OF popular decision is oae
which would sit most lightly on each
recurring electorate, and the operation
OF the system would result in suspen
sion or application Of constitution.
guarantees according 10 popular whlm
We would then have system OF sEs
pending the Constitution 20 meet spe
cial cases.
But the main argument used 70 sus
tain such a popular review Of Iudicis
decisions is that II the people arr
competent 10 establish a constitution
they are competent 10 interpret II ant
that this recall Of decisions is nothin'
but the exercise Of the power Of IN
depreciation. This is clearly d IA
lacious argument
Constitutions ought to be protected
by such requirements as to thei
amendment. 10 insure great Celibera
ton by the people In making then
much greater than one vote Of a mer
temporary majority
Finally ! ask what is the necesstt
, for such a crude, revolutionary ti,fu
, and unstable way Of reversing iudicis
construction OF the Constitution
Why. If the construction is wrons
can 1t not be righted by constttr
tional amendment?
Il have examined this propose
method Of reversing judicial decision
, on constitutional questions with care
do not hesitate 10 say that It lay
the AK at the foot Of the tree Of vel
ordered freedom and subjects th
guarantees Of life, liberty, and prol
erty without remedy to the fitful In
pulse OF temporary majority Of a
electorate"