The Oskaloosa herald., 1912-03-14
TAFT IS AGAINST
JUDICIAL RECALL
Says System Would Destroy In
! dependence of Courts.
ADMITS JUDGES HAVE ERREl
Declares II Jurists Are Corrupt Tribu
nal Should Be Created for Their
: Removal and Amend impeach-
nent Procedure.

ming ON 1.-THE Judiciary and Progress"
in which he discussed methods of re-
form in our judiciary system.
He said:
In the last year or two We have
heard much of radical methods OF
changing the judiciary system. If We
would properly consider these pro
posals and stand on solid and safe
ground We must pe-examine the funda'
mental principles of stable popular
government. The history Of the world
seems to show that our form OF gov.
eminent is more enduring and salts
factory than any other.
Every Class Should Have Voice.
We believe In popular government
Government is human instrumental
ity to secure the greatest good to the
greatest number and the greatest hap
piness to the individual. Experience,
and especially the growth of popular
government in our own history has
shown. that in the long run every
class of the people, and by that |
mean those similarly situated, are bet
welfare than any other class, however
altruistic the latter class may be. OF
course this assumes that the members
OF the class have reasonable intelli-
gence and capacity for knowing their
own rights and interest, Hence. it
follows that the best government, In
the sense of the government most GER
tain to provide for and protect the
rights and governmental needs Of
every class, Is that one in which every
class has a voice. In recognition Of
this, the tendency from earliest times
in our history has been the enlarge
ment OF the electorate to include In
the ultimate source Of governmental
power as many as possible Of those
governed. But even today the cleo
torate is not more in number than one
fourth of the total number Of those
who are citizens Of the nation and are
the people for whom the government
Is maintained and whose rights and
happiness the government Is intended
to secure. More than this, governm ent
by unanimous vote of the electorate
is impossible and therefore the ma
tority of the electorate must rule.
Women viii Change System.
We find, therefore, that government
by the people is, under our present
system, government by a majority Of
one-fourth of those whose rights and
happiness are to be affected by the
course and conduct of the government.
This Is the nearest to a government
by the whole people we have ever had.
Woman's suffrage will change this,
the electorate can be certain that
most women desire it and will assume
its burden and responsibility. But
even then the electorate will only be
part of the whole people. In other
words, the electorate Is a representa-
tive governing body for the whole peo-
pie for which the government was es-
tablished and the controlling majority
of the electorate is a body still less
numerous. 1t is thus apparent that
ours is a government of all the peo-
pie by representative part Of the
people.
Now, the object of government IS
not only to secure the greatest good
to the greatest number, but also to do
this as near as may be by securing
the rights Of each individual in his lib
erty,t property and pursuit of happi.
ness Hence, 1t was long ago recog.
nized that the direct action of a tenn
porary majority Of the existing cleo
torate must be limited by fundamental
law; that is by a constitution intended
to protect the individual and the mi.
nority OF the electorate and the non
voting majority Of the people against
the unjust or arbitrary action Of the
majority OF the electorate. This made
It necessary to introduce into the
Constitution certain declarations as to
the rights Of the individual which it
was the purpose of the whole people
to maintain through the government
against the aggression of any TEN.
porary majority of the electorate and
TO provide in the same instrument Ger.
tain procedure by which the indi,
Vidual might assert and yindicate
those rights. Then to protect against
the momentary impulse of a tempo
rary majority Of the electorate to
change the fundamental law and de.
priye the individual or the voting ma.
jority or the nonvoting majority OF
inalienable rights. the Constitution
provided number of checks and bal.
anCes whereby every amendment to
the Constitution must be adopted un.
der forms and with delays that are
Intended to secure much elaboration
on the part OF the electorate in adopt
ing such amendments
Functions OF Branches.
Checks and balances include the d.
vision OF the government into three
Independent branches-the legislative
executive and the judciary-and the
provisions by which usurpation by one
OF the functions OF another Is forbid
den The executive, while he is bound
to act In behalf Of all the people and
10 regard their rights, is properly In
fieefieed b.. that discretionary policy
watch he was elected by his constitu
eats 10 carry out. In that sense he rep