Pocahontas star herald., 1912-05-17

ing power, feels this responsibility
iOiDed to the other fact that the
people have one whom they may
hold responsible is guarantee Of
good appointments.
Should the recall be established |
as considered In the question for
debate, elections would become the
order Of the day and all great eco.
DO1sieal questions would become of
minOr Importance. Elections for
tbe pDrpose Of nominating men for
OfSce, elections for the purpose of
placing men in office, and elections
for the purpose of determining
whether or not they should be re.
called. Honorable Judges, our
county is already burdened too
heavily with elections without these
introduced by the recall, although
il 10 said by the advocates of this
tbeoEy, that it would be rarely used,
iE 20, il would he rarely needed.
Thea why adopt such system so
fnll Of dangers? President Taft
said, ut is not reform, it is not
progress, but it is degeneracy." 1t
Is step backward to those days of
misyale and unbridled power out of
which our country has been pro-
gressing, under such leaders as
Washington, Hamilton, Jefferson,
and Adams and other trainers of the
constitution of the United States.
II Is move backward to those days
when human passion and the rule
Of Esen obtained rather than the
law and rule of principles, for it
ignores aud sets at naught those
principles Of justice and civilized
sOrjgsy.
Ladies and gentlemen, if a Judge
should be elected by popular vote,
lbc majority of the people would
perform the duty of electing Judge.
Tins as the elections would depend
upVD the majority of the people,
tbe Judge could not be impartial,
beranse at this election the radical
element may be in power and the
Dext election the conservative party
Rsy rule. Hence, If you allow
Judges experience to depend upon
The power of the majority, he can
Dpa be independent, therefore he
canDOt be impartial.
IsbOuld like to quote portion
Of n letter from the ''Father of
ODr Country" TO Mr.. Jay, relative
10 the Judiciary, which expresses
The prevalent opinion of this period,
al have always been persuaded that
ibe success and stability of the ma.
iioBal government and consequently
ibe happiness of the people Of the
United States would depend, in a
considerable degree, upon the in
terp9uaation and execution of its
lava" In my opinion, therefore,
il Is important that our judicial
system not only be independent in
operation but as perfect as possible
ID as formation.
We need the very best judges we
CAP menre. Men who are able, up.
right, courageous; men of high
ideals. Will the recall aid us in
getting such judges? As ! see it,
aiudge of dignity and honor will
NOT submit himself to the humilla,
TiDB OF the recall.
II rs claimed that the people can
always be trusted; that only the un.
worthy Judge will be distrusted.
VIXEN 1t is said that the people can
always be trusted, what is meant is
lhas q majority is always trust
worthy, but is this always true?
WiN only the unworthy judge be
recalled? do not desire to criti-
else tbe gentlemen who extol the
wisdom of the people, but maj jor-
iiy o. the people is tickle and chang.
iDg. am certain in the long run,
ailer mature consideration and full
discussion, the decisions and con-
illusions of the American people is
always sound and wise. But there
have been many instances in our
history, when a majority of the
people would have done, in time Of
aronsed feeling, what they would
DOT have done, upon consideration
ard Sull discussion. There have
bern many instances when a con-
wleDsious Judge would have been
recalled. The case of Chief Justice
MARSHALL Is the striking and forclble
bisaOzic precedent. The bitter con-
,rOyeTsy between Jefferson and
Chief Justice Marshall is known to
every student of American history.
In bis severe hatred, Jefferson wrote
and spoke many harsh criticisms
against our Chief Justice; with his
great power and popularity and
prestige of his Office, he succeeded
DR. arOuslng the majority of the
L i