The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-04-10

Hho has filled the most exalted po.
Si:ion in the gift Of man. We expect
ani tolerate the actions and utter.
ances OF the ordinary politician Bat
!, i shock 10 our people TO Sc
their leo. seeking place and power
Jy appealing 10 passions, prejudices
and hatr5ds and whose most power
iul argument is denunciation OF the
motives ana honesty OF those who
oppose Aim He would substitute the
o.ased. warped and inilamed opln'
ions OF the multitude Tor the juds-
ment OF those acting in a judicial ca
/ pacity based or sworn evidence,
weighed and balanced by those rules
and principles which have been
brought forth from the crucible OF
time to insure justice TO the poor
ana the !ich: the weak and the
strong
senator Jones said he did not pro-
rose 10 discuss the judicial recall,
but would notice only the latest sus,
-est.on advanced Tor the guidance
OF those acting in judicial capacity.
He then quoted at some length froln
COL Rooseyelt's comment upon the
L1Ilmer case i'll his speech OF March
30 at Detroit. wherein the former
president charged that Senators piI.
Iinsham, Gamble and Jones were
relctlonalies because they recon.
manded that Lorimer be permitted
t. retain his seat. senator Jones
said:
This argument may have caught
the fancy OF those who listened with.
out graSping the mll significance Ut
The statements made; but no pTopo-
Slton was ever advanced by the
Widest anarchist more subyersiye OF
the principles OF human justice, or
Auman rights and good government
than the principal suggestion con
,aned in this statement.
Senator Jones argued at length
that The constituents OF the senators
named would want them TO vote on
'"e LorImer case according to their
own consciences. He said he did
not believe there could be found
within his state one who is such a
Ieactlondry as to approve the rule
OF judicial conduct practiced by Pom.
t.us PLATE Ii Mr. Roosevelt made
the suggestion seriously. il is shock
ing II he made it isnorantly it is
pitlaDle. II he made It 10 secure
votes. it is despicao.e.
You will note that this is not
suggestion that the Judge should
decide 4 case according to their Judg.
ment OF the law and the el..
and chen allow the people to pass
upon ii. 1t goes further than that.
1t suggests that the people shall
make the decision. that the Judge
shall disregard the lav ana the evi.
deAce and try to ascertain what he
,."nKs the peop.e desire 10 be uout
IN the case and tAen act in accord.
ance with What he beneyes is theu
Judgment This proposition is sofeN.
tleme, so shocking, 50 contrary TO all
pllncll les OF enlightened iurisDrri
dehcS. 80 anta9OnistIc to the basi,
principles OF judicial action Tat have
been brought forth in the cruclola
OF time for the protection Of HE. |
liberty and property that cannot
conceive OF the state OF mind or the
purpose that prompted its utterance.
I leave this mystery for the people
themselves to solve.
IF this rule is to be followed
then judges must instruct iurles
that they are not to decide case
upon the law and the evidence SUBJ
mltted to them but they must en-
deavor to find ont what the public |
sentiment is with reference to Tie !
matter at issue and decide it in ac- |
cordance with that. Judges. instead |
Of iastructing the jury as to what |
the law .,, should try to tell tAem
"nat the public sentiment is.
senator Jones said ne wondered a
few weeks ago why it was that az.
torneys would not allow Col. Roose- |
welt TO act as Juror. He added |
Il understand now.
Burns to Address Bankers.