Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1912-03-14
Taft is Against
Judicial Recall

nuenced by that discretionary policy
which he was elected by his conSfttu'
ants TO carry out In that sense he 'sp
ssents the majority OF the electorate
So, too, the legislative members elect
10 uphold certain governmental views
of the majority which will properly IA
vor the embodiment OF such views IN
valid legislation.
But the judiciary are not representa-
tive in any such sense, whether ap-
pointed or elected. The moment they
assume their duties they must enforce
the law as they find II. They must not
only interpret and enforce Valio
enactments OF the legislature accord
| ing to its intention, but when the leRis-
lature In its enactments has trans
gressed the limitations set upon its
power.in the Constitution, the tudlcial
branch OF the government must en-
force the fundamental. and higher law
by annuIling and declaring Invalid the
offending legislative enactment. Then
the Judges are to decide between IN
dividuals ON principles of right ana
justice.
Courts Must Rule without Favor.
The great body OF the law is unwrit-
ten, determined by precedent ana
| founded on eternal principles OF right
! and morality. This the courts have to
declare anu enforce AS between the
| Individual and the state, as between
the majority and the minority, as be-
tween the powerful and the weak
financially, socially, politically, courts
must hold an even hand ana give
Judgment without fear or favor. In 30
doing they are performing a govern
mental Junction but it 1s a complete
Misunderstanding Of our form OF gov
ernment or any kind OF government
that exaits justice and righteousness
to assume that judges are bound 10
follow the will OF the majority OF an
electorate In respect Of the issue Tor
i their decision. In many cases before
the Judges, that temporary majority
is a real party to the controversy to De
decided. Ii may be seeking to deprive
an individual or minority Of rlgnt
secupedA by the fundamental Jaw IN
such q eass. III the jlidEee were mere
representatives or agents OF the ma
jority to carry out its will, they would
ose their judicial character entirely
and the SO called administration oil
justice would be farce.
System Can Be 5ettered.
Having made clear what the func-
.ion OF our courts is under our form OF
government in maintaining the constl-
tutionaI guarantees OF rights, and IN
preserving against the usnrpation OF
the majority the rights OF the non
voting part OF the people and OF tne
voting minority and OF the individual
we come now to examine the charges
made against the existing system.
concede that the system is not perIecl
or as good as it can and ought 10 Oe
made. have been preaching reform
especialIy In the enforcement. OF the
criminal law, for years. Then, too'
have pointed out in addresses anu
presidential messages the great neeu
for. cheapening the cost of civil ntlga-
ton and expeditiRg 1t SO as to put as
little a burden on the poor lltigant as
possible. The defects in our Judiciary
4 have not been In the corruption OF the
Judges. but mainly in the procedure
and In the 'helplessness OF the Judges
in Jury cases to assist in reacnlng
right conclusions. The popular lm
nyFse mas beerIt0 take away the power
I. from the Judge and .giverft all to the
Jury, and this has not been Tor tne
public good in the enforcement OF the
criminal law. Such defects as l nave
described are completely within the
control of the legislatures OF the state
and congress; and l am glad to say
that the movement for reform mas
ben accelerated by action of the state
and national bar associations and we
may look for decided progress IN the
near future.
Admits Courts Have Erred.
But these humdrum defects ana
their tedious remedies are not OF the
spectacular character to call for polltl'
cal discussion or to attract enort from
politiclans in the passage Of remedial
legislation. The formidable attack
upon our judiciary now is that the
iudges do not respond suficiently 70
popular opinion, It 10 said that courts
ara iutarposing their OhptENctlVe pow
# ., ~ Tk z ekfop 2 Cd d of IegiSiation
looking 70 the relief Of the oppressed,
i Nv docIarane laws unconstitutional ana
Il Nv lo-eaiIed Judicial legislation In IN
l,tcEDpetinT into, statutes words mot IN
ts1Aad by the legiSlaturos. ! DO NOT
4 sL1Sgd to diseases tkSSs charges. ~
thourh Il reduced 70 6p6sfnc eases y
wouId he easy 70 show many Of them
- - unfoundSd. fof tie purposes Of
this discpsSiOn, 4 may admn LnA1
eourta have erred, IN this regard, nave
manly broadened constitutional re-