Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-24
ROOT ATTACKS THE !. !
RECALL Of JUDGES

! NEW YORK, Jan. Ex-senator Ell
hu Root 4 in an address her
staunchly defended both the state ant
fsreral courts of the country and
denounced the principle underlying
the recall Of Judges. The Senator
as president Of the New York STATE
Bar Association spoke at the annua
meeting Of that organization. Hill
theme was judicial Decisions an
Public Feeling"
Speaking Of the increasing tenden
cy among Americans towards i'm,
patience with the courts whenever
| judicial; d decisions do not agree will
their Wishes Senator Root said the
provisions for the recall of Judges al
ready adopted in some states and
widely advocated in others, are an
exhibition of this impotence and a
demand for more unchecked oppor
tunity to make the judges feel its
effects.
With these tendencies the speaker
d clared he had no sympathy. "A
sovereign people, said he, (which de-
clares that all men have certain in
a1ienable rights. and impose upon it.
self the great impersonal rules Of con-
duct seemed necessary for the pre-
servation OF those rights, land at the
same time declares that 1t will dis
regard those rules whenever, In any
particular case, it is the wish of a
majority of it's voters to do so, estab.
lished as complete a contradiction Of
the fundamental principles of our
government as 1t is possible to con-
ceive 1t abandons absolutely the
conception of a justice which Is above
majorities, Of right In the weak
which the strong are bound to re-
fpeot. It denies the vital truth
laugh. by religion and realized in the
hara experience of mankind, and
which has inspired every constitution
America has produced and every
great declaration for human freedom
since Magma Charta Of the truth that
human nature needs to distrust its own
impulses and passions and to estab-
lish for its own control the restrain
ing and guiding influence Of declared
principles of action"
Mr.. Root said in part:
II this view Is to be changed and
the decisions of our courts are to be
considered in the same way and upon
the same prescriptions and with no
greater respect for authority than In
the case ofpolitical opinions, the au-
thority of the courts will inevitably
decline. the independence Of the Ju.
dicial branch will cease, judicial de-
cisions vii. lterpret the law always
to suit the majority of the moment,
and the recall will be the actual and
logical expression OF the relation to
be assured between the people and
the courts"
The cause Of. this Impotence said
Senator Root, does not arise from
deterioration in the character Of the
judges and he stated It as his belief
that there never had been time when
the favor Of the rich or Of men power.
full in social or business affairs played
so small a part in determining the
selection Of Judges. Admitting tech
nicalities and delays which impede
the coures Of justice, the speaker
thought the courts less responsible for
these shortcomings than the bar and
Justly SO inasmuch as the bar makes
up great part Of all the legislatures
and lis responsible for the stupid and
legislation regarding pro-
cedure which hampers the courts In
their efforts to Do Justice"
IT is the bar" he continued, (which
knowing all the facts and familiar
with all the evils, insists upon the
of our methods to pro
mote the immunity of criminals and
the Mndrance o., Justice to the point
Of denial.
When the speaker had outlined
the new conditions that confront the
country incident to the extraordinary
Industrial development Of the last
half century and which demand the
Of relations between
great bodies Of men. and the estab-
ishment Of new legal rights not con-
templated when existing laws were
passed or existing limitations upon
The powers Of government were pre-
,cribed in the Constitution, ne de-
,lared that the reimbursement must of
necessity be q gradual process.
ultimately" said he, step by step,
through the ordinary processes OF
self government, through investiga'
ion, education, tho spread Of true I'M
Of facts and full Discus
lion. the process Of reimbursement Is
,eing worked out and will be worked
,ut to conform to the mature. in