Bisbee daily review., 1912-10-10

" ~ --~-o -NSAS &c ouFF1Ak DChflo
the proposed constitutional almond.
ment from those who do not believe
in the recall q judges and especially
in the form of recall proposed in
Arizona, but who win vote for the
amendment as a means of rehuking
what they regard as an unwarranted
Interference by President Taft with
the constitution adopted by the voters
of Arizona. II the measure is suc-
cessful at the polls we shall attribute
it largely TO this feeling of resent.
ment Of the action OF the president
more than to any sentiment favoring
displaying the recall club as a men
ace TO our courts which should he
kept free 70 interpret the laws Of
the state without any sign OF inter-
ference such as the recall would pro
vide.
In the September number of The
Annals" Rome c. Brown of Minneap-
oils. Minnesota. presented an article
dealing with the recall Of judges as
a fallacy repngnant TO constitutional
government" and this article was
made senate document of the sixty
second congress and as such has
reached the Review. Speaking of the
falling away of support for the re-
call of judges Mr.. Brown says
1T is fortunate, perhaps, that local
conditions in isolated localities, ex.
citing the people of certain states TO
a spasmodic disregard of fundament-
al principles, have induced sporadic
instances of the formal adoption Of
the judicial recall in the form Of the
recall OF judges. Its adoption by
oregon alone was generally regarded
as a local and temporary lapse from
reason, and II was not until the ex-
ample was followed by California
and particularly by Arizona, that
thinking people were awakened to
the knowledge of the real dangers
threatened by a fallacy once isolated
but which subsequently was found
spreading most assiduously and with
great celebrity. During the past IL
months no subject has received such
attention whether in non-partisan dis
cussions or in political debates. Its
injection into politics is to be depre-
Gated, for it can not from its very
nature be properly an issue of na
tioral po5tics. So far as it's practical
scope is concerned, ii is purely a
question of state policy or state ca.
price. So far as the Nation as a
whole is concerned, it is a question
Of science of government and OF con-
stitutional law Comparatively few
representative leaders and. almost
without exception. none wko are real
lyschooled in the principles of juris-
prudence. law and government have
been found among its advocates. On
the contrary, from every bench ami
bar and associations Of lawyers. frnns
the whole membership OF learned
profession entitled to authoritative
expression of opinion on this ques-
ton, have come deliberate protests
against this greatest of modern fa1
laciies, and not without reselts.
In April 1911. the Minnesota House
of Representatives adopted the recall
Of judges by a large majority. Al
the special session ia June. 1912. the
same house, with It's membership IN
changed, expressly repudiated the re
call Of judges by an ALMOST unnani
nous vote. Its wisdom and practics
bility are now disputed or at least
questioned by a large portsn of its
former adherents in the State of Ore
gon. The past years cam;algr
against this fallacy has been one Of
education Hue and cry, soundinl