Semi-weekly herald., 1912-01-29
THE RECALL WITH IT'S FLAWS.


That the recall Of judges will make
popular passion and prejudice su-
preme is the declaration of President
Taft in speech before the New York
Bar association Saturday night. eve
do not believe that all people are fit
ted for popular government" said the
president. "Some of US don't dare
say 80, but ! do, and the question
whether people is fitted for popular
elf-government depends upon the re-
straint that the minority can place
upon the majority to see that justice
is DONE"
The recall of judges Is being adj
vocated in Colorado. 1t is true that
our courts have not yet found, or in
the majority Of cases exercised, the
secret of promoting real and swift
justice. The question is whether the
recall is the remedy. If the might of
numbers makes right, then let US
have the recall by all means. Rut
there is grave doubt whether right
always lies with the greatest num-
bsrs. -s.---.
The judges are elected by ~ pee
II. 81 -aaReintad- IA intesprat tie lava
people. But are the Judges e blame
for the errors of the law makeir z.
The laws are enacted by the legisia-
tive body. When they are vague and
uncertain and incompetent, as is often
the case, it is not the fault of the
judges.
Frequently II is charged that some
Of our judiciary are influenced by
political forces-that they decide
against this party or that to secure
the aid of certain influences in order
to be reelected. We criticise them
for being susceptible to any influ-
cnce except the letter and spirit Of
the law. And at the same time some
Of US talk of subjecting them to an
even greater and more uncomfortable
influence-popular passion.
The real and only sane solution of
the problem lies in the removal or
judges from politics. Most Of the
men who are sitting In the district
and higher courts gave up law prac-
tices which brought In more revenue
than they received after going on the
bench. Are they to be blamsd II they
try to secure reelection? Consider
the case of the district Judge. He Is
elected for . term Of six years. In
that time his clients have gone over
to other law firms. II he makes no
effort to be reelected and fails to
be reelected, he finds himself out of
position, his law practice gone, COM
PEELED to start again as If he were
the most youthful beginner, and all
because he served the people.
Would it not be better to put this
Judge on the bench for life, subject
to removal for cause, and pay him a
salary that would attract the bright
est and most capable Of the legal
profession? Judges are human. So
ong as they are made and unmade
every few years their efficiency is
bound to be impaired.
The more radical element would
threaten the judges with the recall.
4 a decision does not meet with their
approval, throw the judge out Of Of
Ice. Their theory is that right lies
n numbers regardless Of what the |
aw may be. And that is the flaw |
n their argument. If the judges
men who have given over their lives
o the study and practice of the law |
interpret the law, how are
men who never read the statutes to
now when the courts err? You may
e convinced that certain thing is
1rong, but the laws made by your
representatives. say that It is right.
0hy not strike at the root Of the evil !
Colorado Springs Evening Tele-
.-A |