Arizona republican., 1913-02-14
What constitutes c state? Metj 1UhO theW duties do, But RnO1U Heir rights, and RnOtOlng,
 Dare m0jptain them.
 SW WiIHam Jones.
Mir. Roosevelt on the Judiciary


 When the supreme court Idaho by two tradictory decisions ruled the progressive party of tire campaign that state, later. three to jail for a mild and just criticism of that decision, had by means reached the end of the matter. the contrary, it had given to the progressive movement one of whose objects is to secure the people against unjust corrupt judiciary, stronger impetus, for the courts have times been the most potent administrators of social and industrial injustice.
 Colonel Roosevelt in his Lincoln banquet ad- dress at New York on Wednesday night brought this Idaho case into clearer comparison with Judge Taney's decision in the Dred Scott which one of the precipitating causes of the civil war. Lincoln had hestated criticse that decision as an incident of a conspiracy, involving the ma jority of the court the government and the slave holders.
 So, too. as Colonel Roosevelt declared, was the Idaho decision conspiracy, involving the court and the republican machine of Idaho. The two con spiraces were alike in that they directed against the people of the whole country.
 The effect of the Idaho decision will be more disastrous to the judiciary whole by weakening public confidence, than the effect of the Dred Scott decision was At the time of the latter there was no popular distrust of the judiciary and out rageous as the decision was, it the political rather than the judicial aspect of the matter that was most considered and condemned. Eminent jursts joined the people in the condemnation of it so that no special taint attached to judicial system.
 Now, there is popular distrust of the judiciary which been twenty years in taking shape and crysallizng into accusation. It is the wish of all citizens that dstrust be replaced by confidence and it is to that end that the progressive party has urged such reforms as have been proposed. The present dstrust is the system It includes just and honest judges, and pleased to believe that very large majority of all judges wise, just and honest.
 the misuse, by comparatively few of them, of the power with which judges vested has directed popular attention the that all judges possess power that the only guaranty of the people against the misuse of it is the moderation and honesty of the judges. A stronger guaranty is demanded Hence the agitation for the limitation of judicial authority; for the recall of judges and recall judicial decisions
 In his advocacy of the latter rather than the former, Colonel Roosevelt points plan which would give the people relief injustice without interfering with the independence of the judiciary which all agree should not be disturbed. He would have the judges appointed for life, subject however removed from the swirl of politics and would be dependent only upon the exercise of their power and so would be independent and untrammecd
 Such an arrangement would be better for the judiciary as well as the people. It would result in the elimination of improper judges and in the re- movaI the stigma, which now, in the popular mind, attaches unfortunately and unjusty to the judiciary a whole.