The Alaska socialist., 1913-11-15
THE RECALL OF JUDGES r Proceedings of Session of the Illinois State Bar Association
 April 26, 1912 O'Clock P. M.

order to be really representative.
 Such political paradox needs no further discussion. It is contradiction both in terms and in truth.
 The constitution of the nation does not provide for such independence, ex- pressly or inlpliedly. The constitution of none of the states of the Union pro- vides for it. Whence then does the doctrine come Some judge said it, and many judges have since been repeating it.
 The judiciary should be independent in its legitimate field as legislatures and executives should be in their respective fields.
 No trespassing is charged against ex- ecutive, none is charged against the leg islative, but the judicial branch is gen erally chargeable and justly so with trespassing on legislative right, exec utive power aud the general welfare.
 From 1902 until 1908 the respective supreme courts of the different states of this Union declared not less than 468 different statutes unconstitutional, and these were mainly statutes i'll the inter est of social and industrial justice, pub lie health, safety and life.
 The judicial branch is not content to- day with merely Interpreting and apply ing law as it is in every other civilized country ill the world, but it is making law, amending law and nullifying law, under the mask of interpretation. So that the judiciary has become in fact and i'll law the supreme power over and above the legislature, over and above the executives, and even oyer and above the people Instead of government of the people, for the people and by the people, as Lincoln understood it, it has become government of the people by the judges.
 Some one says, oh, well, We are i'll favor of the removal of legislative and executive officers, but you must not lay your hands OH the judiciary.
 There is nothing new about this ar gument. When the provision of the Federal Constitution providing for the removal of public officers by impeach- ment was under debate, there was, ill some quarters, movement to except the president from such removal. want to call attention to the suggestion made by Colonel Mason i'll that constitutional convention, when he said TT No point is of more importance tha II that the right of impeachment shall be continued Shall any man be above justice Above all, shall that man be above it who can commit the most extensive injustice ?' want to supplement this by what MT. Gerry said. He:urged the necessity of impeachment as applicable to- the pres ident ill the following language: "A good magistrate will not fear it: A bad one ought to be kept ill fear of it. He said he hoped the maxim would never could do no wrong The same argument is being used to-day to except the jud- jciary from recall by popular vote.
 Destroy your textbooks. Tear out your Lincoln's immortal Gettysburg classic on American democracy, or forth with amend it so as to read---Govern- ment of the people, by the people and for the people, except the judges who come from heaven and are to heaven alone responsible Imagine Washington Jefferson or Lincoln talking such trash. 1
 You say,---I don't want the judge with his ear to the ground. Well ] don't