The log cabin Democrat., 1912-08-27
PRESIDENT M|LLAR
OPPOSES RECALL
SECOND DENUNCIATION
PRESIDENT OF HENDRIX COL
LEGE FROWNS ON PROPOS-
ED AMENDMENT.

les of articles by DR.. A. C. Millar il
the Western Methodist, in which h,
sets forth his objection to the proposed
amendment which would make the re
call of judges and other officers posi-
BILE:
I'm previous editorial the recall Of
executive officers was discussed. Il
was shown to be dangerous and ex
tremely troublesome, and with little
prospect of securing better officers
But the recall of judges is the m,s,
pernlcious proposition that an intell-
gent people have ever been required to
consider. Judges are selected 70 settle
disputes between persons or persons
and communities. They are sworn to
uphold the Constitution and the laws
and to administer strict justice be
tween contending parties. Tie peopIa
deliberately and sanely adop, Consti
tuition and through their representa-
tlves or directly by initiative adopt
laws. They agree to settle their dis
putes according to these written instru-
ments. In litigation right may be on
the side of the few. The majority may
be wrong. In questions of right and
wrong, majorities do not decide. The
judge to be just and honorable must of
ten decide against the majority. A
majority thwarted is dangerous. It
may be vindictive. 1t may threaten
and coerce timid judge into an un-
righteous decision. The very nature
OF justice requires that the Judge
should be impartial. He must have a
sense of duty supreme so that he can
stand against the world if he has Gods
approval and good conscience. How
can judge be absolutely impartial
when he knows that an unpopular de-
clslon at any time may cost him his
seat. He cannot swear the witnesses
against him, he cannot give to the peo-
pie all of the details that led to his de-
cision. He must simply yield to popu-
lar clamor, as PLATE did, or engage in
an unseemly contest for his seat and
reputation.
We admit that there are judicial
mistakes and perhaps occasionally ju-
dicial corruption, but our observation
justifies the belief that no public offic-
ials are more honorable or more Just
than our judges. The Constitution
provides for impeachment before a cap
able tribunal, yet it is seldom neces-
sary. Our state judges are elected
yet seldom does a judge fail of re-elec-
ton. A judge is reelected, because,
in spite of some unpopular decision, he
is generally considered just and up
right; but if the election were forced
Immediately after an unpopular decis-
ion prejudice and passion would be
more likely to prevail.
Now the humbelst citizen feels that
he can get justice even if a multitude
We're against him. Under the recall of
Judges he would have no security, nc
guaranty that the judge would consider
only the law and right in his case.
1t is argued that judge often de-
cides law unconstitutional when the
people really want the law. Then the
remedy is not to penalize the judge
who is conscientiously seeking to OBJ
serve his oath to support the Constitu
ton, but to change the law so that i,
may be constitutional or amend the
Constitution, so that the law may bs
declared constitutional. If the law is
actually and evidently unconstitutional
the recall of one judge for so deciding
would not necessarily prevent another
judge with courage and convictions
from rendering a similar decision
Moreover, law is often declared un.
constitutional because in conflict with
the Federal Constitution or laws Of
Congress which the judge is sworn tc
support. His recall would not change
conditions and his successor would be
forced to render the same decision.
In this country it is not the strict
enforcement of law that is to be fear
ed, but laxity. Nearly 10000 murders
are committed annually in the United
States, and yet only two in hundred
are punished. The failure is due to
our jury system and technicalities
The latter can be overcome by legisla-
tion. The former only by deepening
the sense of duty. This the recall will
weaken rather than strengthen. If we
believe in the recall of judges, we can
only carry out our theory by abolishine