Arizona republican., 1912-08-28
Lawyers Representing Ev- cry State in the Union Prepare a Report De- nouncing Recall of Judici-
 ary and Judicial Decisions
JUDGES ARE HUMAN
 AND LIABLE TO ERR
But the Independence of Fearless Courts Must Be
 Maintained If a Constitu- tional Democracy Is to Survive in This Country
ASSOCIATED PRESS pIspArcH]

MILWAUKEE, Aug. 27-Fifty- four lawyers with at least one from each state, today completed for presenta- tion in the American Bar Association, a report denouncing as dangerous to the country" all movements for the recall of judges or of judicial deci- sions.
 The report cites that in Ohio, the constitutional convention declined to apply the principle of the recall to judges but provided that laws should be passed for prompt removal on complaint and the hearing of judges for any misconduct involving moral turpitude This, the report points out. is substantially the system used in Massachusetts, New York and other states, while besides California and Oregon where the judiciaal recall ex- ists, other states which have taken action looking to the recall are Ari- zona, Colorado, Nevada and North Dakota. In the latter state. the re- port asserts that bar associations have started a vigorous campaign to induce the people not to support the recall. It is pointed out that many state bar associations have formally denounced the recall
 Those who signed the report includ- ed Frank B. Kellogg of Minnesota:l William B. Hornblower of New York; Frank E. Gova of Colorado; while Jacob M Dickinson, former secretary | of war, is named as one of those who originated the committee "to expose the fallacy of the judicial recall' We recognize that there are de- fects in the administration of jus- tice," says the committees report, t'as there are in all branches of govern ! ment which are of necessity subject to the limitations of human infirmity. Those defects which have called for I reforms consist principally of delays,
 and expenses incident to trials in the | federal, and many state courts. These 1 defects it is the duty of all lawyers
 to use their influence to remedy" 1 Judges of the supreme court of the
 United States have taken steps to re-
 form the rules of practice in federal
 courts and have calfed upon the bars
 of the country for suggestions" 1 Without exception, says the con-
 mittee, the bars throughout the coun- try have recommended a simplifica-
 ton practice so as to expedite busi- ness and save expense to litigants. Declaring that the laws rather than the judges are responsible for delays
 and expense of procedure, the report | continues:
 We maintain that the recall as
 applied to judges will tend to deprive the public of judges of ability, char
 acter and high sense of duty and due
 regard to enlightened public senti- ment, and that such a judiciary is
 absolutely necessary to the existence of constitutional democracy.
 The application of the recall to
 ordinary officials may be a question
 of expediency but it will nt be fun damentally wrong. To apply it to the judiciary is in violations of those principles of government which the ages and experiences have demon strated to be wise. In the states.
 and in the federal government we
 have the right by impeachment, and
 in several states the right of remov-
 al of judges by legislature. If the
 right of impeachment is not enough,
 an adequate remedy can be created for removal of a judge for conduct inconsistent with his office after
 complaint, and an opportunity to be
 heard in his own defense. In this way the independence of the judi
 ciary will be maintained and the
 judge will be removed simply for in- I capacity or misconduct in office" Ten minutes was the time devoted . by the association to a settlement oi ? the question whether negro lawyers u should be admitted to membership A resolution presented by MT. Dick ! inson was adopted. providing that 2 hereafter when a negro is nominated for membership, his race must bs . indicated to the executive committee } Attorney General Wickersham sa1t . the resolution created permanen i member of William H. Lewis. assist
 1 ant to the attorney general, wht
 1 with two other negro lawyers, hav'
 been unseated by the executive com
 | mittee because of their race. Lewis q Butler R. Wilson of Boston ant
 l William R. Morris of Minneapolis
 were then said to be regularly seat el nd