The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1912-02-29
on given policy they must have pub
lie servants who will carry out that
policy
.Inueachment a Fa;Iure.

Keep clearly il rnina the distinction
between The end and the means to at
tain LIT, cid Ger aizl IS tos get the
tyre of 5uGse t1lat / hare GaserfaeI, to
keer L.3a ca lbs tea3l &c ling Is pos
si5.e a1d u E c9 %Ise be-e1l md, il
necessary, take OF lie bench the
wrong type Of judge. Under the com
ditions set forth in the extract from
the letter gi-en above j would per-
sonally 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 conduct had
revolted net only the spirit Of justice,
but the spirit Of common sense. / do
not believe in adopting the recall save
as last resort, when it 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 it viii have to be made
| much easier than it now is to get rid
not merely &C a lad judge, but of a
| judge who, however virtuous, has
grown so cut Of touch with social
needs aud facts that he IS unfit longer
| to render good service on the bench.
| It IS nonsense to say that imDeach-
ment meets the diffculty. In actual
| practice we have found that impeach-
nent does iot work; that unfit judges
stay on tha beaeh in spite of it. I'm
peachsnent rs a femedy for the ills Of
which the Reople Justly complain is a
complete failure 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 I urge.
There are sound rsasons for ing eau
tious about the teeats IL d n1ge
who has rendered 40 Ias I'd i'm
proper decision. EFaEy servant.
! no matter how valiabe "a hn~ omit
| ting Washington or sseoln or sEsrse
/ shall, at times makes mfSte Kos lIlSre-
! 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 a 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 1t Is
both absurd and degrading to make a
fetish Of judge or Of any one else.
Abraham Lincoln said in his first inau-
| gural: eff the policy of the government
upon vital questions affecting the whole
people is to be irrevocably fixed by de-
cisions 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 in the
bred 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
eminent and that 1t 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 court In any
case and that therefore the judges are
to be established a. sovereign rulers
over the people. take absolute issue
d with all those who hold such a posi-
ton. I regard It as complete mega
u ton Of our whole system Of govern
n ment. and II Il became the dominant
i position In this country &c would mean
the absolute upsetting Of both the
rights and the rule Of the people. II
the American people are not 6t for
popular government and II they should
Of right be the servants and not the
masters OF the men whom they them
selves put IN ONCE. then Lincoln's work
was wasted and the whole system Of
!. government upon which this great
democratic republic rests II failure.
believe. on the contrary. with all my
heart that the American people are fit
J for complete self government and that
In spite Of ali our failings and short
comings we Of this republic have more
nearly realized than any other people
on earth the ideal Of Justice attained
n through genuine popular rule. II the
courts have the fnaI say 80 on all leg
islatfve acts and II no appeal can lie
from them to the people, then they are
the irresponsible masters Of the people.
i The only tenabie excuse for such q
position is the frank avowal that the
people lack sufficient intelligence and
morality to be At to govern themselves.
In other words, those who take this
position hold that the people have
enough Intelligence to frame and adopt
constitution, but not enough intelli-
gence to apply. and interpret the con-
stitution which they have themselves
made
/ do not say that the people are in
fallible, but do say that our whole
history shows that the American peo-
pie are more often sound in their de-
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