Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1912-07-26
FEDERAL JUDGES NOT s4s..
sN5@igys5-* APPOINTED FOR LIFE

g. SsNES ~ AHxO1Nx6O# p IN LIZ =
s5 IN the debate in the senate on the
abolition of 3 the Commerce Court,
Senator Cummins said:
It would be most interesting and in
structive if we we're to enter for lit
tie while, and I do not intend to do
it, upon the consideration Of the term
'tgood behavior; ''4sthere is prevalent,
notion throughout the country that
Judges of the federal courts are ap-
pointed for life: That is not true.
They are appointed during good be-
havior. I recognize that Fam not now
speaking directly to the point at issue,
but we so often hear the expression
that federal judges are appointed for
life that I want to give some publicity
to the real language Of the constitution,
which is "during good behavior" L
am not one of. the persons who believe
that the determination Of what is good
behavior. can be had only in an i'm.
peachment trial., My friend from
Utah says that unless q federal Judge
is removed from his office by the
process of impeachment for high crimes
and misdemeanors he must remain there
during his natural life. I cannot
gree to that statement. do not in
tend to pause to even discuss what pro-
cedure could. be established by con-
gress in order to determine what good
behavior is; and what it, is not; but I
believe that there is misbehavior on the
part of a. judge for which he can be
removed from office that does not rise
to the dignity or the severity Of either
a crime or a misdemeanor.
MI. Sutherland. Mr.. President
The presiding officer. Does the
senator from Iowa yield to the senator
from Utahi~. -. i" = ;:
Mr.. Cummins. T do.
Mr.. Sutherland. Either I did not ex.
press myself as I intended to do OF
the senator from Iowa did not quite
understand me. T did not mean to say
that a judge could hold his office until
he had been impeached. I recognize
that there is a great deal of force in
what the senator from Iowa says. ]
am not at all certain but that there
may be such behavior upon the part
of a judge short of an impeachable Of
Tense that would enable us to get r;
of him. I did not mean to antagonize
that position.
Mr.. Cummins. am very glad indeed
| that I misunderstood the senator from
Utah, because in these days whe1
clouds are rolling around the judiciary
| when various remedies are proposed fol
their recall, think it is we'll to re-
! member that we have somewhere, some
how, the power to determine the good
behavior Of the judges Of the United
States, and that therefore we do not
| need, at this time any rate, those sever
er changes that are suggested in the
recall by popular vote.
think that congress has the power
to provide for the removal of jud ges OF
| the United States whenever they
| violate the rule which is established
in the constitution, namely, the rule
of good behavior; and that means that
these judges must obey, and as I an
! very glad to say they generally have
| obeyed, the fundamental principles OF
propriety and of ethics.
I know the English act provided that
the will Of Parliament should be thu
rule fol. determining good behavior. II
is not so with our constitutions; an6
neither is it so that the only way OF
determining good behavior is through
court of Impeachment. We have
never yet had the occasion; it never be
came necessary for us to legislate upor
that subject, but when 1t does, I pre-
dict that congress will find that it may
upon giving the judge affected oppor
tunity for trial and for hearing pre-
| scribe q procedure which shall erect
| some other test, some higher STANDARD
! than the low and Intellectual test and
| standard Of the commission of crime
or misdemeanor.