The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-03-10
TAFT PLAYs ROOSEVELT.

|
while never referring to, him by name.
| It is devoted especially to two points
in Roosevelt S Columbus speech; the
recall of Judges, and the recall Of ju-
dicial decisions,
AS to The recall of judges, President
Taft elaborated and strengthened his
position heretofore set forth in oppo-
sition TO that idea He conceded that
our judicial system is not perfect. but
| held. as the fact is, that the great I'M
perfcctions against which he has been
protesting for wears lie in the weakness
Of iurics and in tho dilatory practice
| before the courts rather than IN any
| fault Of the Judges or in any respect
as to which the Judges ought TO be
ccnsured. He showed clearly. as every
one knows to be the case. that The bus
mess Of n Judge is simply 10 ascertain
the law and apply il in any case IN
his court. ,Iuries often frustrate this
purpose Of the Judge, and the dilatory
practice that has prevailed in conces-
sions to attorneys has been the chief
cause of many troubles that exist.
The President pointed out and elabo-
rated strongly, the point that judge
upon the bench should he free and
untrammeled, to exercise his best iudg
ment. apply his learning, and exhibit
his executive capacity to conduct his
court according TO the highest stan
dards of the law IF he is to be nagged
at and threatened at every point of his
procedure BY revenceful and disap-
pointed litigants in the way of moves
for his recall; If his mind is to be
harassed at all times by visions of Gus
ter in case ne decides against certain
interests or in favor of certain others,
then his mind is clearly not iu judi
ciaI eouipoise, and his decisions are not
as good as thcy would be if he were
left in peace and lm to rule upon
any case on trial, according as the law
requires. But IL is coutended, as the
President stated, that in case Judge
is really delinquent and unfit to pre-
side on the bench the process Of I'M
peacbment is too tedious, cumbersome,
and ineffective to reach his case Well,
then,D says the President, "creste a
tribunal for the removal of iudges for
cause. Give them An opportunity to
be heard by an impartial tribunal, but
do not create n System by which, in
the heat of disappointment over lost
case, the defeated litigants are TO de-
eide without further hearing or knowl-
edge whether the Judge who decides
against them is to continue In Office. =
Here is a valuable suggestion, which
is filter Of application in the case of
criticized judges than anything that
has been suggested up to this time.
Passing thence to the question Of the
recall of judicial decisions, the Presi-'
dent was even moro trjumphant and
irresistible in his arguments. IL is a
clear case. as he stated, that in any
instance where the recall of a judicial
decision might be submitted TO the
people the question would turn, not
upon whether the legislation so sub
mitted were constitutional or not but
upon the merits Of the legislation IL,
self But this is quite a different ques-
ton from that which the Judge would
necessarily consider The indce would
deal with snch legislation, not on its
merits as such, but whether it in
fringed some constitutional provision
or not. f it did so infringe, the leg
islatlon would be pronounced invalid,
no matter whether the legislation might
be intended for good or not. But the
people, IN passing upon the question,
would think ouly of tho legislation it,
self, and would care nothing whether
it contravened constitutional provis-
ions or not. If they wanted that law
ont any regard 10 the constitution.
Manifcstly, this would result in a Sc.
ries OF erTatic and irreconcilable en-
actments supported by popular vote,
that would be in contravention Of plain
constitutional provisions, aud yet vail
dated by popular approval. There
would then be no means of ascertain
ing what constitution meant, and, in
fact. il would not be long until the
constitution would be set aside alto"
gethcr, and no ono would either know
or care whether its provisions were in
vaded or not. President Taft did not
fail to point out the dangerous char
acter OF that sort of n condition. Spe-
cia interest would prevail all the time.
and the people would be deprived of
any safeguards; their anchorage, sup
posed 10 be on solid ground in the con
stitution. would be swept away, and
nothing would be left to protect minor,
ities. or to save the people from the
clutches of dominant and powerful in-
| terests. We would have a government
not Of constitution and law, but of
combincd interests that would be re-
eardlcss alike of popular rights and of
constitutional principles.