Pocahontas star herald., 1912-05-17

Therefore it is matter OF high
est consequence that no man should
be placed upon the bench unless he
is fully qualified to perform the
difficult and responsible duties of
such a position. The first essential
In Judge is honesty, integrity of
purpose and Of judgment; thesecond
essential is experience and learning
in the law. But in addition to this
a judge to rightly and successfully
perform his duties must have spirit
of fearless independence. He must
decide the cases that come before
him strictly upon the evidence as 1t
is presented and according to the
law of the land as he himself under
stands it, without fear and without
favor, or justice will become farce.
This quality of independence In
Judiciary is so essential to his ad-
ministration of justice that anything
that tends to lessen it or endanger
it is menace to human rights.
When the Federal Constitution was
adopted it provided for establish
ment Of federal judiciary which
should be independent of the Legis-
lative and Executive branches of
government. 1t provided that the
judg should be appointed by the
President with the advice and con-
sent of the Senate and should hold
office for life or during good 5ehav-
lor, being subject to removal only
by impeachment. The object of
thus providing life tenure was to
give to to the judiciary this quality
of independence, In order that they
might enforce the law without fear
of punishment SO long as they acted
wisely or according to their best
judges, the judges being elected in
stead of being appointed. But in
the higher courts, and In many of
the lower courts as well, this quality
of independence was secured by
making the term of office relativ ely
long. 1t may therefore be truly
said this principle of being inde
pendent of the Judiciary has been one
of the most characteristic and vital
features Of our whole judiciary sys.
TEN. Indeed 1t has been the corner
stone of the whole judicial edifce.
1t Is now proposed to change all
this and to adopt in its place the
system of recall which Is so new and
so untried that there is no experience
of any extent or of any value from
which any safe or reasonable deduc.
tionS can be drawn to show whether
the system will remedy the alleged
evils, which it is intended to correct,
or will increase them to such an ex-
tent as to imperil all rights and to
throw US into condition of hopeless
anarchy. If mistake not the wis
dom which has gone before, if |
mistake not the influences which
control human nature, if | mistake
not the powers which mould and
effect our actions consciously and
unconsclously, the principle of the
recall judges would work against
that proposition rather than in favor
of 1t. The system of judicial recall
strikes down at single blow the
independence of the judiciary, and
changes the nature of the judicial
office from one of disinteredness,
unselfsh and impartial action to one
of political character. Under
the present system the judge must
obey and enforce the provisions of
the constitution and statutes and of
established law whether they are
popular or not. And very often
laws are not for the moment popular,
especially when some great Labor
Union or powerful Corporation has
been offended. The Judge must be
controlled by the law as it exists,
and not by what he thinks it ought
to be or by public opinion. Under
this system of recall he will lnevita-
bly, feel constrained to take into ac-
IL