New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-17
ROOT FEARS THE RECALL.
Senator Tells Princeton Men II
Would Make Judges Timld.
ENDANGER FREE SPEECH
Says It's Not Necessary to Vic.
late Rules of Action in Order to
Deal with New Conditions.
CBy TELEGRAPH Ia The Tribuf

By Telegraph 10 The Tribune.
Princeton. y. J.. April Ex-senator Elihu
Root addressed another enthusiastic
Princeton audience in Alexander Hall to-
night on the subject OF the constitution.
Mr. Root received a rousng reception
from the undergr aduates before he began
his speech. The two speeches comprise
this years series Of Henry Stafford Little
lectures. Last year Joseph II. Choate
was Stafford Little lecturer and spoke
on the subject of THE Hague Confer
ences" A gift Of $4,000 from Henry Stat
ford Little founded these lectures in ls1
EX-President Grover Cleveland was STAFF
ford Little lecturer until his death in
1905 and he was succeeded by George y.
Mcclellan. Ill. d.
In the second of the Stafford Little lect-
urcs on "The Essentials Of the Constitu-
ton" Senator Root discussed the char
acteristics of this country's system Of
government. which aimed to preserve in
dividual rights by limiting the power OF
the state The two new proposals. known
as the recall Of judges and the recall Of
judicial decisions. would tend directly 10
the adjustment OF these limitations. he
maintained. The Senator said IN part
Under the recall a judge may he
brought to the bar Of public judgment I'M
mediately upon the rendering OF partic-
ular decision which eXcites public inter
est. and he will be subject to punishment
II that decision is unpopular. Judges vii!
naturally be afraid to render unpopular
decisions. They will hear and decide
cases with stronger incentive 10 AVOID
condemnation themselves than 10 do JUS
tice 10 the lltigant or the accused.
Instead Of independent and courageous
Judges We shall have timid and tlme-serv-
ing Judges. That highest duty Of tho ju.
dicial power TO extend the protection o.
the law 10 the weak. the friendless the
unpopular will in a great measure fan.
Indirectly the effect will be 10 prevent the
enforcement of tho essential Limitations
upon official power. because the judges
will be afraid to declare that there IS
violation when the violation Is 10 accom-
plish some popular object
As for the recall Of decisions. Senator
Root said the power which would be eN-
ercised BY the people under such an ar
rangement would be not judicial out
legislative. If il could be employed 10
make a workmens compensation act IN
such terms as to violate tho Constitution
il could be employed 10 prohibit freedom
Of speech and OF the press, or TO deprive
one accused of crime Of fair trial lie
continued:
But IL is not necessary 10 violate the
rules OF action which have been estao-
lishcd for ourselves in the Constitution N
order TO deal by law with the new cohdi-
lions Of the tim FOR these rules or ac-
ton are themselves subject 10 popular
control. IT, as 7 believe there ought 70
be i'm my own state for example work
insman's compensation act to supcrsede
the present unsatisfactory system OF ae-
cidcnt litigation. and II the Constitution
forbids such law-which | very much
doubt-the true remedy is not TO cast TO
the winds all systematic sclf-resiralnt
and TO inauguratc "A new system OF dong
whatever VIC please whenever VIC please
unrcstraincd by declared rules Of conduct.
but il is TO follow the orderly and ordi-
nary method OF amending the Constitu-
ton.
The difference between the pfopp1t'
practice OF overriding the Constitution by
"A vote and amending the Constitution IS
vital II is the difference between break
ing a rule and making a rule. Commum-
ties. like individuals. will declare for
what they believe To be Just and right
but communities. like individuals. can oe
led away from their principles under the
temptations of specific desire and SUP
posed cxpcdiencics until the principles are
"A dead letter and allegiance to them Is
mere sham. And that is the way IN WHICH
popular governments lose their vitality
and perish"