The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-02-21

aCtudlly W bS 'VNSu Oh w Ine ptOpio
should be made as simple as possible.
In short. believe that the initiative
and referendum should be used not as
substitutes for representative govern
ment, but as methods OF making such
government really representative.
Give the Legislature an entirely free
hand; and then provide by the initia-
tive and referendum that the people
shall have power TO reverse or sup
plement the work Of the legislature
should 1t ever become necessary.
AS to the recall, do not believe
that there Is any great necessity for
It as regards short.term elective Of
fcers. On abstract grounds | was
originally inclined to be hostile to It.
| know Of one case where II was &C.
tually used with mischievous results.
On the other hand, In three cases in
municipalities on the Pacific coast
which have come to my knowledge It
was used with excellent results.
believe II should be generally pro-
vided. but with such restrictions as
will make II available only when there
is widespread and genuine public
feeling among majority Of the
voters.
There remains tho question OF the
recall Of judges. One OF the ablest
iurists in the United States. veteran
in service to the people. recently wrote
me as follows on this subject:
There are two causes Of the agl-
tation for the recall as applied to
judges. First, the administration Of
justice has withdrawn from life and
become artificial and technical. The
recall is not so much recall of judges
from Office as 1t is a recall of the ad-
ministration of Justice back to life, so
that it shall become, as 1t ought to
be, the most efficient OF all agencies
for making this earth a better place to
live in. Judges have set their rules
above life. Like the Pharisees of old.
they said. The people be accursed,
they know not the law (that is our
'rule). Courts have repeatedly defeat
ed the aroused moral sentiment Of a
whole commonwealth. Take the ex-
ample Of the st. Louis boodlers Their
guilt was plain. and In the main con
fessed. The Whole state was aroused
and outraged. BY an instinct that
goes 20 the very foundation Of all So
cial order they demanded that the
guilty be punished. The boodlers
were convicted, but the supreme court
of Missouri. never questioning their
guilt. set their conviction aside upon
purely technical grounds. The same
thing occurred in California. 1t is TO
recall the administration OF justice
back from such practices that the re-
cent agitation has arisen.
Second. by the abuse OF the power
TO declare Jaws unconstitutional the
courts have become a lawmaking. in
stead Of a law-enforcing, agency.
| Here again the settled will Of so
cIety 20 correct confessed evils has
been set at naught by those who
place metaphysics above life. II is
the courts. not tho constitutions, that
are at fault. 1t is only by the process
which James Russell Lowell. when
answering the critics of Lincoln.
called pettifogging the constitution.
that constitutions which were de.
signed 20 protect society can thus be
mode to defeat the common good.
Here again the recall IS a recall OF
the administration OF justice back
from academical reflnements to social
service"
There Is one kind OF recall in
which | very earnestly believe, and
the immediate adoption OF which |
urge. There are sound reasons for
being cautious about the recall Of
good Judge who has rendered an un-
wise and improper decision: Every
public servant. no matter how valua-
BILE. and not omitting Washington or
Lincoln or Marshall, at times makes
mistakes. Therefore we should be
cautious about recalling the Judge.
and we should be cautious about In
terfering in any way with the judge In
decisions which no makes in the ordi-
nary course as between individuals.
But when a Judge decides a constitu'
tional question. when he decides what
the people as a whole can or cannot
do, the people should have the right
to recall that decision II they think 1t
wrong. We should hold the judiciary
in all respect: but It is both absurd
and degrading 10 make fetish OF
| Judge or Of any one else
Lincoln actually applied In sue
cessful fashion the principle OF the
recall in the Dred Scott case. He de-
nounced the Supreme court for that
inlquitous decision in language much
stronger than have ever used in
criticizlng any court, and appealed to
the people TO recall the declsion-the
word recall in this connection was
not then known. but the phrase OK
actly describes what he advocated.
He was successful, the people took his
view, and the decision was practical
ly recalled, It became a dead letter
without the need Of any constitutional
amendment.
The Law and tho state.
Under our federal system the rem
edy for wrong such as Abraham
Lincoln described is dificult. But
the remedy is not difhcuit in state.
What the Supreme court Of the ma,