The Birmingham age-herald., 1912-08-29
SUTHERLAND SCORES RECALL OF JUDGES
 BEFORE LAWYERS Criticises Those Who Ques- tiOn Adequacy of Fed
 eral Constitution
UNREASONABLE TO
 TRUST CONSTITUTION
Believes Public Has Lent a Too Ready Ear to Demagogues Who Fill Land With Impractica-
 ble Theories


 eism of those who question the adequacy of tho federal constitution and of those who seek to replace 1t with policies die- tated by passing whims and aeetng emo tions" was made by United States sena- tor George Sutherland of Utah. in an address before the American Bar asso- citation tonight.
 Maintaining that the chief value of the constitution is "in it's operation to pre- vent i'll considered and impusive action Senator Sutherland denounced the plan for recall of judicial decisions which, he said, in effect would be ito render judicial decision by show of hands at the polls"
 Constitution Out of Fashion
 "Tt is becoming unfashionable to speak we'll of the constitution" declared Sena- tor Sutherland. Tt is no longer respect able to profess the ancient faith in the learning and integrity of the courts. The good faith of the people themselves in seeking these radical changes Is not ta be questioned but wd may justly doubt their wisdom in having lent a too ready ear to the professional demagogue whose strident voice has filled the land with his i'll considered and impractical theo
 
 ries"
 Senator Sutherland in speaking on the courts and the constitution. referred iron icallS to the new political propaganda whose teaching suggests that the written constitution is binding only upon the mi- nority and that its meaning may be as. certained- more accurately by inspecting the casual contents of the ballot box h,, a era oeuat .s a- ba md u eas tato is ou wH tn Of nf ac a7" n- ei ns nos as et niaefHa hs lE ad- O. ae a eserl- -ia ata s,iwu or g li-He 5eo- lpl Ens 1f is ense , ot f.a o1t aafi aa aat sk asseaaa4a indI- M p egaie s onse- e fa e t1 rf s being 0 iaci d. ad tha e4s.l and aa follow H1t asas eaaa arelsHsa saa aaes that eass ot ias feda tuition Ye eesa. i.f1aa aa and l ts = eeenae both as85s 8aa sea.Gts f dem a t5f a4 sy was ilfgf eat aa ideal rh W rest of [ aea reao ttempts a asa ers without
 fia#a ahtaas 59hH voice of pania Ha ae ne of God. Gfd nst iaa Heaa lss speak ,d f fa ifalefia epresenta-
 oe sell Hnea democracy. H dtt Quastl0e faith of , I5e nsqrls seaiae rasi Il changes HNHieh fe sa5ate1. ueH their wis dom n a3As he professional
 fis sfeee a. ps 10, in spite eEe lass aa r9e q sd for more
 nas t the courts aa tns eelarng leg is.4auu H1tea in showed by argument that tneir posit.o. is untenable. In respect to the recall of judicial de- eisions he said thai the mischevous un- wisdom of such suggestion is SO ap- parent that it's distinguished author does rot seem to have pressed it with his GUS tomary igor de considered that the de- , accept the impressions of the multitude procedes upon a miseonception of the ju- dicia office. hA insisted that judge has no constituents; he administers not the edicts of the people, but their laws and statutes and he is not concerned with anybodys wishes. but with ~.Shts, and the poised and balanced scales of Justice are the insignia of his office, and not the ballot box.
 Uniformity Would Be Destroyed
 He recognized the present political views and the cry that has gone out that the people shall take direct management Of the government by the initiative, referen- dun and reeall the desrabilty of these, however, is to be tested only by their practical efficiency He pointed out that if tho people should construe the consti tuton there would be tendency to avoid uniformity in it's construction. and to con strue it to meet exceptional cases and finally that rights would be held at the mercy of the transitory opinions of changing ma jority.
 He emphasized that every provisios, Of the constitution has a history ana that voters could not act intelligentlv in ignorance of this history He urged the need of the steaaying innuen... of the legal profession at this time: and showed that the demand for pr., gressive legislation must be met onlvt upon the sound and enduring basis ox private rights and distributiye iusticn
 lie declared that this could be- done better through representative agencfca than by direct vote of the peopl1 i among whom responsibility cannot he fixed. He said progress consists in get ting better product, not In sinashinsr the producing appliances and setting up inefficient substitutes. To destrov governmental methods of civilization
 ,.f, is not advancement but reaction.
 He likened this to driving outAarchi- tects and builders, and return to wiz wams. He is unconvinced that streneth' to lift ballot Is evidence of abiiltv,. to make laws. or that the skill to ease Iit is evidence of the wisdom to h, q terpret the constitution.
 Lawmaking Demands Training
 In his opinion, society advances h, utilizing services and not by doill everything itself. Both law niakin2
 
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