The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-08-28

pe IldQe TO nave the mOQel law gener-
ally adopted.
'1nasmuch as lawyers are generous
patrons of golf 1t is with considerable
perplexity we discover We have gone
on record in favor of putting our i'm
Mr.. Smith. 1--WE have no animosity
against the caddies but merely were
considering the welfare of children
In general. Now we have to par,
company with our cherubic. pink,
checked assistants and employ those
Of higher age"
Mr. Smiths explanation Of the exi,
of the 14-year-old caddies was re-
ceived with applause and the pro-
posed law was endorsed unanimously
Fifty-four lawyers with at least one
from each state completed for pres
entation to the association report
country" and movements for the re-
call of judges or of judicial decisions
The report cites that in Ohio the
constitutional convention declined to
apply the principle of recall to the
judges but, instead, provided that
laws should be passed for the prompt
removal on complaint and hearing OF
judges for any misconduct involving
moral turpitude that this substantially
is the system used in Massachusetts
New York and several other states
and that. in addition to California
and Oregon. where the judicial recall
exists, the only other states which
have taken action looking to recall
are Arizona, Colorado, Nevada and
North Dakota. In the latter states
the report asserts. the bar associa-
tions have started vigorous campaigns
to induce the people not to support
the recall.
It is pointed out that many state
bar associations have formally de-
nounced the recall.
Those who signed the report include
Frank B. Kellogg, Minnesota; Will
lam B. Hornblower. New York; Law
renee Maxwell, Ohio: Frank e. Cove,
Colorado; Edmund F.. Trabue. Ken
tucky: Charles Blood Smith. Kansas;
f. NJ. Carr. Iowa. and George T. Page,
Illinois, while Jacob NJ. Dickinson,
former secretary of war. is named as
one of those who originated the COM
mittee "to expose the fallacy of ju-
dicial recall"
"We are pleased to report" says
the committee. that the bar associa-
tions of many states have taken action
and that such action has been uni
versally opposed to the principle of
judicial recall. In numerous other
states action undoubtedly will be TAX
en-.
I've recognize that there are de-
fects in the administration of justice,
as there are in all branches Of the
government which are of necessity
infirmity Those defects which have
called for reforms and which are
now attracting the attention of the
bar and Of the country. consist prin-
clpally of the delays and expense in
cident to trials in the federal and
many Of the state courts. These de-
fects 1t is the duty Of all lawyers to
use their influence to remedy. The
Judges Of the supreme court of the
United States have taken steps to re-
form the rules Of practice in the fed
eral courts, and have called upon the
bar Of the country for suggestions.
Without exception the committees Of
the bar throughout the country have
recommended the simplif1cation Of
practice so as to expedite business
and save expense to ]itigants. In
many Of the states the statutes pro-
viding the forms Of procedure and
practice are cumbersome and lead to
pie. but this is pr cipally the fault
of the law and not of the judges.
I'VE maintain that the recall ap-
piled to judges will tend to deprive
the public Of Judges of ability, char
acter, high sense of duty and due re-
gard to enlightened public sentiment
and that such judiciary is absolute
~ necessary to the existence Of a con-
stitutional democracy.
"Shal1 We continue the form of gov
ernment which has met the approval
and received the encomiums of the
wisest statesmen Of the age, has stood
the test OF trial for more than a CEN
tury. has survived the perils of the
civil war. or shall We go back to those
pure, unlimited democracies which
have been tried at different stages of
the worlds history and have ended
either in anarchy or despotism?
The application Of the recall to an
ordinary official may. be question Of
but 1t is not fundamental
~ wrong. To apply 1t to the judiciary
Is in violation Of those principles Of
government which ages Of experience
have demonstrated to be wise. In
the states and in the federal govern
ment We have the right of impeach-
ment and in several OF the states the
right Of removal Of Judge by the leg
lslature. II the right of impeach-
ment Is not sufficient. an adequate
remedy can be created for the re-
moval for conduct inconsistent with
his Office after complaint and an op-
portunity to be heard in his defense.
In this way the independence Of the
judiciary is maintained. and a Judge