The Detroit times., 1912-08-10

OF infamy I'm q judge.
The same rule should be applied BY
Legislation to the state courts that ap-3
plies TO the federal courts-namely,t
that every Judge is entitled TO his ac-f
ton for libel. triable before q jury, q
| but no more.
No state court should be permitted
to do what the supreme court OF Cob
orado did In the case OF ex-United
States Senator Patterson--punish
man severely. without trial. for the
publication OF charges against tie
honor OF the court, without permit
ting him TO defend himself by proof
OF his charges.
Another reform that should. and
can, be effected, IL the reform OF the
laws delays"
The Laws Delays.
This phrase has become a bywordi
Justly and shamefully so.
In the first half of the nineteenth
century in England. 1t was said that
no man In middle life. beginning q
suit in equity, could possibly hope to-
live to see the end of It; and Jet ink
the English law courts today matters.
are disposed OF with an expedition
and a substantial justice which put
| our American system TO shame.
There you may bring your suit and
get a decision In two weeks.
Mr.. Justice Day OF the supreme !
court OF the United States. In a dis
senting opinion In case In which the 4
power OF the Interstate Commerce.
commission was in question, saio that
the majority opinion Of the court was
in effect to :"entirely reform the act
OF congress. substituting for 1t byI
judicial construction a much narrow
err act than congress intended to pass
and did In fact pass"
Judges should make q practice or
giving their reasons for their deci-
sions. i
The supreme court OF Ohio decides
about half of its cases and some or
its most important ones, without say
ing why. Legislatures In the different
states have attempted to correct this
habit but the courts have indignant
hly denied the right OF the legisla-
ture to encroach upon their work.
though they do not hesitate them
selves to usurp the functions OF the
legislature.
Judges, furthermore, might pront-
ably study the art OF condensation IN
the writing of their opinions.
1t is a fact known to lawyers that
the simplest and most understandable
| opinions are those handed down by
the supreme court of the United
States The law books are filled with
unnecessary refinements Of logic.
The Recall Of Judges.
The recall Of judges Is not a COM
plete remedy for existing evils.
To cite one state alone: dozen
judges In Indiana have left the bench
to enter the employ of railroads.
Their decisions remain, to be follow
ed by their successors. One Judge or
that state was drawing salary as
a Judge OF the supreme court while
drawing another salary as general
counsel Of a railroad company-while
his client was interested In decision
pending In his court. Such judges. re-
called by the people. would be i'm
medlately rewarded by the corpora
tions whic thhey had favored. The
decisions they rendered would remain
to control future cases.
do not mean to say that the re-
call OF judges Is not meritorious-it
Is only a question OF it's entire EN-
cheney. 1t is not a complete remedy.
Besides the American public Ii
conservatively charitable. II dislikes
to condemn any man unless after
most convincing proof OF his guilt.
though II may be perfectly willing TO
condemn his doctrines.
The judicial recall has been In ef-
feet for ten years In Oregon. and IL
has never been invoked. II IL ridicul-
GUS to suppose that the public 10 go
| ing to recall any Judge for one or two
or half a dozen. OF
Prior TO the adoption o..
tuition. the power. of judicial rs..--
was lodged I'm the legislatures OF ive
states. This method was borrowed
from the English system, under which
judges are still removable by ma
jority vote of each house or parna'
ment.
Recall Of Decisions.
Recall of decisions would be more
effective.
II would at least settle the doubs
as to whether the people meant what
the court said they meant by certain
words.
III After a legislature adjourns. there
may be some doubt, as to what II
.imeant when II legislated; but there
isn't very much doubt as to the mean
/ ing OF what the people say after an
election.
l The remedy provided by impeacn'
ment IL of doubtful value.
In the history OF the federal bench
only nine cases OF Impeachment pro
l ceedings are recorded. and In only
two was the verdict Guilty. Inc
same difficulty Is found In getuns nio
OF Improbable state judges. The
forces that profit by the decisions Oh
ench Judges look to their security.