The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-08-23

dDuSeu : IL is no argument W say
that sometimes this duty is not faith
fully discharged. We are all human
and so long as we remain men will
sometimes fail in the performance OF
the duties imposed upon them.
"And because of this, the judiciary,
of all other branches Of our govern
ment, should be sufficiently fortified
in it's position, so that it may feel
that it may discharge such du-
ties as may fall to it's lot,
without being in danger of pub
| lie ridicule and contempt, origin
ating in sinister motives of persons
professionally aggrieved.
"Men wish to be courageous, and
all men are proud of public appro-
baton, and sensitive of public criti-
cism; they are entitled to the re-
ward of public approval when they
do right, and are quite sure to re-
ceive proper condemnation for their
wrongs.
"But courts should not need to
keep an eye to the windward to
watch for waves of public sentiment,
or feel the public pulse, to ascer-
tain whether in the discharge of
their duties they are to receive
! from the masses who know little if
anything of the matters involved,
| laudations on the one hand or curses
on the other.
Most men have desire to be
right and to be courageous if need
be, but few there are who have an
unconquerable desire to become the
martyrs of the impulsive and I'M
thinking public. Will we have better
law and more complete justice by
the recall of the judicial decisions?
Let us try the experiment.
can important constitutional ques-
ton, or for that matter any question,
| is submitted to the court, and its
decisions are criticized by the mould
ers of public opinion; a recall is in
itiated, hot campaign is inaugur,
ated, with vigorous work upon the
one side, and a becoming modesty
conscious of right doing upon the
other, and the result is a small ma.
jority in favor of reversal, and that
majority is made up of those "un
desirable citizens" of which we have
heard so much of late.
"Then, | presume we are supposed
to have that important constitutional
or other question put to rest forever
and ever, by an all-wise tribunal
which cannot err. ......
"How about the practical workings
of the recall (not judiciaD where il
is being tried out, it is being resort
ed to only to eliminate the imbecile
and the corrupt. .. -.....
Views Of James ]. Bennett
Professor James l. Bennett OF
the University of Oregon, writing
in The Political Science Review, up
on the operation of the recall il
Oregon, an enthusiast upon the sub
ject, says at the beginning of his
paper that the final GROWING ACT
to complete the temple of popular
government here was the adoption oil
the recall" Further along he says,
evidently trying to write in an i'm
partial strain, as follows: The judi
ciary is not so intimately associated
with the daily life of the average
voter as is the municipal administra
ton. The public is usually much
less interested in court decisions
than it is in the acts of governors
legislators, mayors and city alder
men. The recall club is shaker
over minor officers every few day,
and again he says, Neither do The
reasons for the demand as stated in
the recall petitions disclose all the
motives, nor always the chief motive
of demand -..,.. .
'"'In one case where it was
charged in the petition that the
! officer was inefficient, immoral, un
truthful, and arbitrary in the exer
else of his authority, a. motive which
was. influential at least to some ex
tent, was the hostility of some prop
erty owners caused by the officers
action in opening streets, which they
had illegally closed In one of the
bitterest campaigns the petition as
lkerted that the officials had managed
the affairs of the city in an unsatis.
factory manner illegally diverted
public funds, repudiated the city
debt, etc. But the real cause of the
recall movement was simply fac
tional fight waged by two banks"
ia"When the petition charged &
mayor with incompetency, improper
expenditure for street improvements
the real ground of the agitation
seems to have been opposition to his
progressive policy in regard to pub
lie improvements
Motives Behind Recall.
"'Where the petition stated tina
simply councilman did not faith
! fully and efficiently represent the in
terests of his ward and city, the mo
1 tives behind the recall were various
= The officer had been inconsideratt
in dealing with some of his constit
/, uents who desired his influence il
securing certain action by the coun
Gil. He has fathered the ordinance
deemed by the labor unions prelude
cial to their interests. Their candi
date won the recall election He
i had advocated the location of a sew