East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-02-21

Of applying the recall in any shape
is one of eXpediency merely.
Either the recall will have to be
adopted or else it will have to be
made easier than it now is to get rid
not merely of bad judge, but of a
judge who, however virtuous, has
grown out of touch with social needs
and facts that he is unfit to longer
render good service on the bench.
when a judge decides a constitu-
tional question. when he decides
what the people as whole can or
cannot do, the people should have
the right to recall that decision if
they think it wrong, We should hold
the judiciary in all respect, but it is
both absurd and degrading to make
fetch of a judge or any one else.
Again and again in the past JUS
tice has been scandalously obstructed
by state courts declaring state laws
in conflict with the federal constitu-
ton, although, the supreme court of
the nation, has never so decided. or
had even decided in a contrary sense.
When the supreme court of the state
declares a given statute unconstitu-
uonal because in conflict with the
state or national constitution, its op-
inion should be subject to revision by
the people themselves
Many eminent lawyers who more
or less frankly disbelieve in our en-
tire American system of government,
for. by and, of the people, violently
antagonize this proposal. They be-
lieve, and some times assert, that
the American people are not fitted for
popular government, and that it is
necessary to keep the judiciary inde-
pendent of the majority or of all the
people;' that there must be no appeal
to the people from the decision of a
court in any case; and that therefore
the judges are to be established as
sovereign rulers over the people, 1
take absolute issue with all those who
hold such a position. If the American
people are not fit for popular govern
ment. and if they should of right be
the servants and not the masters of
the men whom they have put in of
flee. then Lincoln's work was wasted
and the whole system of government
on which this great democratic re-
public rests is a failure. I believe, on
the contrary, that the American peo-
pie are fit for complete self govern
ment and that we of this republic
have more nearly realized than any
other people on earth the ideal of
justice obtained through genuine pop
ular rule.
"Our whole history shows that the
American people are more often
sound in their decisions than is the
case with any of the governmental
bodies to whom for their convent
ence, they have delegated portions of
their power. If this is not so, then
there is no justification for the ex-
istence of our government; and if it |
is So then there is no Justification
for refusing to give the people the
real. and not merely the nominal, ul- |
innate decision on questions of con-
stitutiqnal law.
"A typical case was the decision
rendered but a few months ago by
the court of appeals of my own state,
the state of New York. declaring un-
constitutional the workmens' compen-
judges admitted the wrong and the
suffering caused by the practices
against which the law was aimed.
They admitted that other civilized
nations had abolished the wrongs and
practice. But they took the ground