The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-18
BENNINGTON, VT, MAR. 10, 1913
RECALL OF JUDGES

| one that will not down. The follow
| ing from the st. Paul, Mimi, Journa
tells of measure that is under con
sideration in that state;
1t is admitted, or asserted, accord
ingly as said by opponents or advo
Gates of recall of judges, that the pfo
posal therefor is not to be dismissed
as temporary manifestation of pop
ular prejudice. AS said by Mr.. Henry
| W. Taft, in a notable address before
| the New York State Bar association
on Jan. oath. 1913: I'VE must moi
| fail to deal with it seriously, because
it appeals to many people sincerely
seeking to improve social and indus
trial conditions"
| When, in addition, so many admit
that our judicial administration is very
faulty and progressively tending less
| to command that higher professional
ability which is imperative for the
successful working even of perfect
| judicial administration, the general
people naturally become restless,
The judicial department, while
claiming that it must be independent
| If it's duties are to be performed sat
isfactorily, yet also touches the inter.
est of the people more nearly than
any other. 1t affects them both gen.
orally and particularly. 1t concerns
the liberty and property of individu-
ais and daily relies upon the people
for sacrifices. 1t calls them to its bar
as witnesses and appeals to their
sense of pustice. Not only parties
litigant--and each of them is liable to
be such at any time-suffer from its
delays and imperfections, but any ex-
pense and injustice of judicial admin
istration is brought into the open,
every day.
Therefore, We hear a great deal of
the inefiiciency of our courts, while,
though there may be ineliiciency in
the executive branch of our govern
ment, this may not come to the pub
lies attention. Do we hear anything
of the recall being applied to other
officials AS to them, 1t is mere
principle, and though many of us be-
lieve it not Objectionable as so ap.
piled, yet we know of no clamor for
its being utilized in this way Delin-
quency, or alleged delinquency by any
other than judge excites no special
interest and, certainly, no animosity.
But, If judges decision or his ty.
ranny or his bad habits offend, peo-
pie may arise in their fury to put him
out of office. Indeed, 1t is fury more
factor in recall.
But an evolution about which we
have in mind is found in a proposal
before the Minnesota Legislature to
amend the Constitution of that State
so as to provide for "A Court for Re
call and Removal of Judges" This
proposal Is that THE Legislature
shall have power by majority vote to
establish and provide for a court for
the recall and removal of judges, to
consist of such number of persons
elected or appointed or constituted in
such manner as may be provided by
law. Said court shall have jurisdic
ton TO recall and remove from Office
any Judge of any court of this state
for any cause for which impeach-
ment would lie, of for incompetency,
misconduct or any cause of recall or
removal which may be provided by
law"
The proposed amendment also pro
vides that this shall not be exclusive
of the power of impeachment by the
legislature, that jury may be called
to try questions of fact and acquittal
shall not bar any prosecution of any
judge as an individual nor and con-
trinffnn haHn nv
the single issue before the court.
This proposal seems so very fair,
that we would be at a loss to state
how any reasonable objection could
be made to it even by the most ar
dent advocate of the recall of judges.
II would be a resort to procedure
which would accord with the dignity
of the question to be decided. 1t
would give an accused Judge an op.
portunity to defend himself against
responsible accusation in a proper
way, and all of this without the court
being dragged into the mire of a po-
litical hastings.
1t would do more than this. II
would prevent enemies, made so by
the judges course as a Judge. wreak-
ing their vengeance upon him, when
he would be claiming. that his course
had been one of strict consistency
with his obligation to duty.
Furthermore. Il would put the peo-
pie on an equality, OF more nearly on
an equality. as to their right TO pro-
cure a judges removal through re.
call, than IL the whole electorate were
appealed to against him. Everyone
knows, that, If charges were made
against a judge and not followed up
by a vigorous campaigning and APP
peals to passion, they would die from
hamilton of interest One making
them must justify himself for doing
so. and he must have money and in
fuence to do this.
The consequence Of all this would
be, that, IL the charges should happen
to be false.-a verdict either way
would leave ones reputation blasted
forever. What high-minded man, as
sailed as a Judge and sustained mere
ly by a majority OF the voters, would
care 70 remain in an Office where his
integrity. OF competency had been so
hercely attacked and so narrowly
saved. And who does not know that
a judge, who Is more a shifty politi-
clan than an Independently courage
Gus official. would have a better
chance 70 come out the victor
The best feature. however. Of a
court for recall would be. that an &C
cused Judge would not have to fight
rumors. unsworn statements. elusive
ISLANDERS and personal prejudices. but
he would be called upon to meet evi-
dence with evidence and those Who
pass on the issue would be upon their
oaths Just as they are IN disposing