The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-10-29
BRONSON SAYS
BILLS ARE BAD
Declares Proposed Recall
Amendments Do Not Pro-
vide Proper Safeguards.

At the meeting of the Fortnightly
club last night a very interesting pa
per On The Recall of judges was
read by H. A. Bronson. The paper
dealt in a very comprehensive manner
with the principles on which u gov
eminent is founded. with its separa-
ton Of legislative. executive and tu-
dicial functions. and the various
checks and balances that are provided
to secure the independence of each
department., and the faithful carrying
GU of the well-considered will Of the
people by them. The speaker main
tanned that the judicial recall would
tend to destroy some of most i'm
portant safeguards by making the
courts subject to the whims of chang
ing majorities. and that 1t is there
fore to be avoided.
Five Up Second Time.
The paper closed with a reference
to certain amendments which are pro.
posed in North Dakota. concerning
which the speaker said:
In North Dakota, there are pending
hve amendments to the constitution
to be considered by u next legisla-
tive assembly, which II adopted by
such assembly will be submitted to the
voters in 1914.
Three Of these proposed amend
ments, to-wit: Oh. So. Laws 1911, the
Plain Amendment: Oh. 80. the Glib
bonds Amendment, and Oh. 90, the
Bessessen Amendment. relate to the
initiative and referendum. Two Of
the proposed amendments: Oh. 81,
the Doyle and Ployhar Amendment,
and Oh. IS, the Bessessen Amendment,
cover the recall Of all public officers.
1 desire to refer to and briefly dis
cuss only tho provisions of the. two
to the recall of all public officers.
particularly and no otherwise as the
same may be applied to the recall of
Judges.
Summarizing these twc amend
ments. they provide for the recall of
judges as we'll as of public officers by
a majority vote Of the electors at an
election initiated by a petition. stating
reasons for such demand. The
Doyle and Ployhar amendment, re-
quiring thirty per cent. and the Bes-
sessen amendment, requiring twenty
five per cent of the electors in the dis
trict who voted for secretary Of state.
as required by the Doyle and Ployhar
amendment. or who voted for justice
Of supreme coure. as required by the
Bessessen amendment.
But the oficer proposed to he I'M
seated has the privilege Of fling his
resignation within Ave days after the
recall petition is filed. II he does not
file his resignation. a special election
ts held within twenty days at which
the officer to be recalled. and an
other candidate or candidates to OBJ
pose him. may be voted for. 1t fur
Their provides that the sample ballo,
contain the reason for the recall
I'm not more than two hundred
words" and also that it may contain
In no to exceed the same number of
words. the justification of the officer
to be recalled.
The two amendments are practically
identical. with the exceptions noted.
Hon. N. G. Young. in his address
at jamestown before the State Bar as-
made an admirable address
With reference TO this recall, a DOR
ton Of which ] include In my argu-
ment with reference to such recall Az
applied 70 Judges and Judges only
A careful peruHal Of these two
amendments %dintinctly shows that the
same Yinlat: the Fundamental princi-
bl"E that ] have discuEscd generally
hersinh::rrs IN mi. paper. and are not
j ih)ur!run. hut threaten the very
IRA rf our government az ap-
piled ~ ihe judiciary.
tn: pr"9rac1 amendments are not
~ Fundamentally objectionable. but
thsJ arc np"n also 10 the further oh
)'r''1h that they ars n compound Of
c"hnfitu'irnal prnvi.inns and statutory
law. largely the latter.
The purpnncA Of these amendments
~ I" nup"r.ehc our present method Of
removal ~ Judges by Impeachment. or
removing inferior judicial officers by
)udiciai proceedings and to substitute
IN" former method Of removal by
popular vote. H. includes within its
provisions all Justices Of the peace and
polio" magistrates. who are several
thousand In number. and IN addition
to th"s". all judicial ofncers Including
>uds" Of county. district and supreme
""ur': And II Ia be noted in pass
ing that each and every n Of these
oHr"rr. from Justice of the peace IN
%lnntice Of the supreme court, are sub