The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-08-23
STATE BAR IS AGAINST
RECALL OF THE JUDGES
Strong Arguments Made BY Lorin
Cray and F. B. Kellogg.
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Minneapolis, August 21.-Following
strong arguments against the recall
of judges and the recall of judiciary
decisions by Lorin Cray and ) Frank
B. Kellogg, the Minnesota State Bar
association has gone on record de-
cisively as opposing the two meas
ures.
The vote on the recall of judges
was fourteen for and sixty-one
against, and on the recall of de-
cisions, mentioned as the "Roose.
welt" plan, eight for and sixty-two
against.
Mr.. Kellogg's address ended a
spirited debate. He denied that the
courts in this country are arbitrary
and declared that they are in reality
the greatest in the world.
Arraigned BY JenswoId.
In a severe arraignment of the
federal judiciary in particular and
the appointive judiciary in general,
John Jenswold, Jr., Duluth, recon-
mended the judicial recall before
two hundred members of the Mime
sofa bar and several jurists at the
second days session of the annual
meeting of the State Bar association
in the bennington hotel, Minneapo-
lis, yesterday.
In equally assuring terms, Lorin
Cray, Mankato, spoke against the re-
call of either judges or decisions.
Mr.. Cray declared that to put the
power of recall in the hands of the
people would be practically the IN
PRODUCTION of anarchy. He maintain
ed that the masses would act hastily
and unwisely.
Said BY Mr.. Jenswoid.
Mr.. Jenswold discussed the posi-
ton of the appointive judiciary first.
He said in part:
"The recall of judges is one of the
last steps to be taken to secure an
honest, intelligent and impartial ju-
diciary-a Judiciary that shall be
purely alive, and shall keep step
with the progress Of civilization. II
is the latest and best improvement
on the best judiciary in the world.
1t is the means whereby the partner
ship between the judges and the big
interests may be dissolved.
Executive Appointed Complaint. =.
THE executive appointment of
judges is not satisfactory Judges
are now elected in most states and
this method has brought the bench
in closer contact with the people.
The recall is but another feature of
this affliction. 1t is true that the
farther the judges are from the peo-
pie, the closer they are to the in
terests. This is especially true of
the federal judiciary. Too often have
judges bent their knee at the altar
of big business. If Judge becomes
unfit he may not be reelected. How
ever, if he becomes unfit early in
his term, there is nothing to prevent
it's completion. Courts that are ap-
pointive take more active interest liz
politics than do judges that are cleo
tive.
Courts Integrity Is Questioned.
"The judiciary should never have
the right to determine what percent
age quasi-public corporation should
earn. 1t is claimed that the integ-
rity of the bench must be maintain
ed, but it has not been, even in the
highest court of the land. 1t has
not always been. controlled by the
highest sense Of duty. Judges, ap-
pointed independently, know very
little of the conditions which sur
round the average man. There have
been notable exceptions, but many
deserve the rebuke of the admins
tration. There Is no satisfaction in
the impeachment proceedings of the
United States"