The Detroit times., 1912-08-09


OF infamy III a Judge.
The same rule should be applied BY
legislation TO the state courts that ap-
plies to the federal courts--nsmely.
that every Judge is entitled TO his &C
tion for libel. triable before a jury.
but no more. ttf
No state court should be permitted
to do what the supreme court Of Col
| orado did In the case OF ex-United
States Senator Patterson--punlsh q
man severely, without trial. for the
publication OF charges against the
honor OF the court, without permit
ting him TO defend himself by proof
OF his charges.
Another reform that should. and
can. be effected. is the reform Of the
laws delays"
The Laws Delays.
This phrase has become q byword
Justly and shamefully SO.
In the first half OF the nineteenth
century In England. It was said that
no man in middle life. beginning q
suit in equity. could possibly hope to
live to see the end OF it; and Jet In
the English law courts today matters
are disposed of with an expedition
and substantial justice which put
our American system to shame.
There you may bring your suit and
| get decision In two weeks.
Mr.. Justice Day of the supreme
, court Of the United States. In dis
senting opinion In case In which the
| power Of the Interstate Commerce
commission was In question, said that
the majority opinion OF the court was
| in effect to :"entirely reform the act
OF congress. substituting for It by
| judicial construction a much narrow
er act than congress intended to pass
and did in fact pass
| Judges should make q practice or
giving their reasons for their deci-
sions.
The supreme court OF Ohio decides
about half of its cases and some Of
its most important ones, without say
ing why. Legislatures in the different
| states have attempted to correct this
habit but the courts have indignant
hly denied the right OF the legisla-
ture to encroach upon their work.
though they do not hesitate them
selves to usurp the functions or the
legislature.
Judges. furthermore, might profit
ably study the art Of condensation In
the writing Of their opinions.
II is fact known to lawyers that
the simplest and most understandable
| opinions are those handed down by
the supreme court OF the United
States The law books are filled with
unnecessary refnements OF logic.
The Recall Of Judges.
1 TIL. l..
plete remedy for existing evils.
Il To cite one state alone: a dozen
judges in Indiana have left the bench
to enter the employ OF railroads.
H Their decisions remain, to be follow
ed by their successors. One Judge OF
that state was drawing a salary as
Judge of the supreme court while
drawing another salary as general
counsel of railroad company-while
his client was interested In decision
pending in his court. Such judges, re-
called by the people. would be Inn
mediately rewarded by the corpora
tions whic thhey had favored. The
decisions they rendered would remain
to control future cases.
| do not mean to say that the re-
call OF tudPes 's not meritorious---it
Is only question OF its entire en-
cheney. 1t Is not a complete remedy
Besides the American public In
conservatively charitable. 1t dislikes
to condemn any man unless after
most convincing proof OF his guilt.
though II may be perfectly willing TO
condemn his doctrines.
The judicial recall has been In ef-
feet for ten years In Oregon. and It
has never been invoked II Is ridicnl-'
Gus to suppose that the public Ia 60
ing to recall any judge for one or two
or half a dozen OF his decisions.
Prior to the adoption of our consti-
tuition, the power OF judicial recall
was lodged in the legislatures of ave
states This method was borrowed
from the English system. under which
judges are still removable by q ma
.jority vote OF each house Of pariia-
ment. ,
II Recall OF decisions would be more
effective.
h 1t would at least settle the doubt
as to whether the people meant what
the court said they meant by certain
words.
After a legislature adjourns, there
may be some doubt, as TO what II
II meant when IL leglslated; Dut tnero
isn't very much doubt as TO the mean
ing OF what the people say after an
election.
The remedy provided by impeaeh-
ment Is of doubtful value.
In the history OF the federal bench
only nine cases OF impeachment pro-
ceedings are recorded. and In only
two was the verdict Guilty. Tne
same dificulty Is found In getting rio
OF impeachable state judges. Inc
forces that profit by the decisions OF
such judges look TO their security.