New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-25
HADLEY ON THE RECALL
Ex-Governor of Missouri Speaks
at Carnegie Institute.
"FAIR SHOW FOR JUDGES"
He Would Accord Them Same
Rights That Humblest
Citizen Now Has.

By 1eosraph 10 The Tribune
/ Pittsburgh. April 9i-Thc seventeenth
annual celebration of founders day was
observed at the Carnegie institute here
/ to-day. The principal address was by ex-
| Governor Herbert s. Hadley OF Missouri,
who discussed al length the conditions OF
| the DAY. His subject was "Historical
/ Analogies." and he advanced the theory
: that The United States could not gain eN-
periencc from ancient republics. especially
Rome because the conditions OF life were
50 different then.
! Ex-Governor Hadley also discussed the
present agitation for the recall OF judges
and judicial decisions lie said
THE true sovereignty of free people
! does not require an immediate and OFTEN
/ times an irresponsible and impulsive pop
/ ular rule. it includes "A regard for his
! tory. traditions and ideals. influencing and
! restricting both the exercise Of the popu-
lar will and changes IN established instl-
tutions.
! 1T was recently the usual assertion
| that We must provide for the removal OF
derelict judges from public Office by pop
ular vote. az our process of impeach-
1
regarded as entirely ineffective. And vet
within the last year We have seen FED
eral Judge removed from office by the
/ process OF Impeachment in shorter
length Of time than that in which II Is
possible in many jurisdictions to secure
a judgment upon a promissory note
| Much Of the Journalism and rules OF pro-
cedure incident to this process could. with
profit. be- smplihed. But from the stand
point Of advisabllity or necessity are We
justified in abandoning established rules
OF conduct and forms of law in the trial
Of Judges or other officials whom we may
desire to remove from office?
The recently demonstrated efficiency
of existing methods for the removal of
derelict judges is not the only answer.
Judged from the standpoint of theory and
Of experience. the answer IS equally con
elusive. What are the rights of the hum
blest citizen of this land with reference
! to anything which he possesses and holds
dear? Under our system OF Jurisprudence.
in fact. according to the principles Of
! general justice. he cannot be deprived
of a pennv's worth Of his property or
moment OF his liberty. he can he sub
jected To neither penalty nor forfeiture
except in accordance with the forms Of
law.
But it is now proposed. in furtherance
Of this propaganda of change, that our
public officials. including our judges,
should be deprived Of the rights and
privileges and the immunitles that are
enjoyed by the humblest citizen. And
those who have been intrusted with the
solemn responsibility OF conducting the
public service and have had conferred
upon them the honor and distinction Of
public Office are 20 be subjected TO pen
atty and forfeiture. which includes
financial loss ard public humiliation. upon
what. in practical effect. would amount to
mere judgment Of unpopularity rem
dered at a general election by popular
vote
And 10 subject judges to such a method
OF recall means not only TO subject them
10 trial by popular clamor. without The
safeguards incident 10 the forms OF law,
but also TO subject the rights Of every
citizen to trial by popular clamor with
out the safeguards incident TO the fosms
OF law For If a Judge is to be removed
| from Office on account of the unpopular
| fly of his decisions upon questions OF Ia"
and OF fact. the necessary tendency and
result will be toward the decision OF
questions Of law and fact upon basis
of popular approval. rather than upon
established principles of right and human
conduct
Mr. Hadley says he has no fear that
| the representative character of the coun-
| trv's government will be destroyed. lie
believes that this is a transition period In
/ American politics aud that things VIII
work out TO a satisfactory settlement