Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1912-02-22

COURTS nave DoCOmo ta"h~@'' - -
! stead OF a law enforcing. agency.
Here again the settled win OF 90
ciety to correct confessed evils hae
been set at naught by those VINO
place metaphysics above life. II u
the courts, not the constitutions, tnat
are At fault II is only by the process
which james Russell Lowell, when
answering the critics Of Lincoln
called 'pettifogging the constitutions
that constitutions which were de-
signed TO protect society can thus %
made to defeat the common gooo.
Here again the recall is recall OF
the administration Of justice Dach
from academical rennements to socia'
service"
There is one kind Of recall In
which very earnestly believe, snu
the immediate adoption OF which
urge. There are sound reasons TOT
being cautious about the recall oil q
good Judge who has rendered an un'
wise and improper decision. Every
public servant no matter how valua-
BILE. and not emitting WASN'T. gton or
Lincoln or Marshall. at times makes
mistakes. Therefore we should De
cautious about recalling the judge
and we should be cautious about IN
terfering in any way with the Judge IN
decisions which he makes in the oroi-
nary course as between individuals
But when Judge decides constitu'
tional question, when he decides VIVA.
| the PEOPLE as q whole can or canho'
do. the people should have the right
to recall that decision II they tnlhA "
wrong We should hold the judiciary
In all respect; but 1t is both aDsuru
and degrading to make tetlsn Oh I"
Judge or OF any one else.
Lincoln actually applied In sue
cessful fashion the principle OF the
recall in the bred Scott case. He de-
nounced the Supreme court for ina
iniuuitous decision in language mucu
stronger than have ever USED I'D
criticizing any court, and appealed 10
the people to recall the decision-tne
word recall" in this connection was
not then known, but the phrase ex'
actly describes what he advocated
He was successful, the people took MS
view and the decision was practical
" recalled. It became dead letter
without the need of any constitutional
amendment.
The Law and the state.
Under our federal system the rem
edy for a wrong such as Abraham
lincoln described 10 dif1cult. But
the remedy is not dificult in state
What the Supreme court Of the ma
tion decides to be law binds both the
national and the state courts and all
the people within the boundaries OF
the nation. But the decision OF
state court on a constitutional ques-
ton should be subject to revision by
| the people of the state. Again ana
again in the past justice has been
scandalously obstructed BY state
courts declaring state laws IN con-
flict with the Federal Constitution.
although the Supreme court Of the ma
ton had even decided in q contrary
sense. When the supreme court OF
the state declares given statute un-
constitutional because in conflict with
the state or the National Constitution,
its opinion should be subject to re-
vision by the people themselves.
such an opinion ought always to be
treated with great respect by the peo-
ple. and unquestionably in the major
! ity of cases would be accepted and
followed by them. But actual ex.
perience has shown the vital need OF
| the people reserving to themselves
the right to pass upon such opinion.
n II is sustained well and good. II
not then the popular verdict is to be
accepted as Anal, the decision Is to
he treated as reversed, and the con-
struction of the Constitution definite
ly decided-subject only to action by
the Supreme court Of the United
| States.
Many eminent lawyers who more or
less frankly disbelieve in our entire
American system of government for.
by and of the people violently an
tagonige this proposal. They believe.
and sometimes assert, that the Amer
lean people are not fitted TOT popular
government, and that IT 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 q court
in any case; and that therefore the
Judges are to be established as sover-
eign rulers over the people take
absolute issue with all those who hold
such a position. regard It as COM
rfetg 'negatlon OF our i2LEle system
Of government; and II It became the
dominant position in this country. 1t
would mean the absolute upsetting Of
both the rights and the rule Of the
people. II the American people are
not at for popular government, and
| II they should Of right be the servants
and not the masters Of the men whom
they themselves put in ONCE, then
| tncoln,a work was wasted and the