Elk City mining news. (Elk City, Idaho) 1903-1913, 1912-02-01
JUDICIAL RECALL
TAFT DENOUNCES
PLAINLY STATES HIS VIEWS
In Speech To new YORK
BAR ASSOCIATION.
He Doesn't Think That All People Are
Fitted for Popular Government
Effort Being Made to Shorten Liti-
CATION So That Delay Won't Make
Just Judgment Unjust.

New York.-Wth denunciation of
the principle of judicial recall, deliv-
cred to the Bar Association of the
State of New York, at its banquet
here, President Taft concluded a busy
evening Saturday, which he employed
chiefly in speechmaking at three diff
ferent functions.
After a plea for simplification of
legal procedure, which he argued with
much earnestness before the company
of lawyers, Mr.. Taft waxed more in
cisive in coming to the topic about
which he evidently felt so deeply.
owe do not believe that all people
are fitted for popular government" he
said "Some of us do not dare say
so, but l do, and the question whether
people is fitted for popular sefgov
eminent depends upon the restraint
that the minority can place upon the
majority to see that justice is done.
eve of the bar are called upon to
decide whether we are going to pro
tect the institution of judiciary and
continue it Independent of a majority
during the time that it is deciding
questions of law and justice.
Hates to Utter Words.
''The judicial recall-the words
themselves are so inconsistent that |
hate to utter them. Are swe going to
make our constitution liquid thing, so
that majority can flood the halls of
Justice, decide every action and over
ride with popular passion and preju-
dice every principle of this govern
ment, the greatest God ever madel
"You must bear in mind that this
matter of judicial recall is being agl-
tated the country over; that the men
speaking for it are many. What
call your attention to is that it is
necessary good people like you should
speak the truth that is in you in favor
of courts and their. independence, and
the restraints of the constitution that
were imposed by the wsest ancestors
any people ever had
In reference to the simplifcation OF
legal procedure the president said hi
ltu ldu a lttiihS Ahht INV Pe'A "--'
the bench "owed to the people greater
effort toward making the administra
ton of law effective and just by expe
diting justice.
Welcomes Reform Effort
~ am clad to know he said, "tha
there is now profound effort to stud.
where it is that we can shorten litiga
tion so that delay won't make Jus
judgment unjust"
Referring to the French code, tn
president said that there, as with us
there was tendency to assume tina
litigants were made for the courts an
the exercise of the refnements of rea
son rather than vice versa.
''There is much the same tendenc
there, as with us, he continued,
keep the antagonist paving in tn
vestibule of Justice. We have not We
reached the secret of promoting res
Justice, but / am glad to know Their
is movement the world around to 81
cure REFORM"
Throughout his address the presider
was frequently interrupted by cheer
and his declaration that he was nc
afraid to express his opinion on pop'
lar government in connection with n
denunciation of the recall brought II
big assemblage to its feet.
Jusserand Also Spoke.
Ambassador Jusserand of Franc
spoke on the laws delays, reviewr
the attempts to simplify legal proc
dure. He was glad that at last mer
bers of the bar themselves were lea
ing in the fight to abolish the dela.
from which they do not suffer.
Senator Elihu Root, president OF u
bar association, spoke of the prlnelpl
of Justice and declared that II th'
are to be subordinated to the maJori
the liberty of the people would soon
lost. He said many of the old theori
are being questioned these days