Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-01-17
Recall of judges.

Recall of Judges.
You are an average man, say. If a
doctor decided that a certain course or
treatment were desirable in a particu-
lar disease, would you feel competent
to overrule that decision? A compli-
Gated case, involving thousands of
pages of testimony Is presented to the
United States supreme court On that
court sit some of the best trained men
in America, filled with knowledge of
the law. After days and nights of study
they finally arrive at decision and
promulgate it. 1t may be unpopular, 1t
may be contrary to what laymen sup
posed the law to be, but would you,
Mr.. Average Man, feel qualified to
over-rule that decision? Would you
feel qualified to vote the justices out
of Office for making that decision?
That is what the recall of judges
means and that is what the recall
of judicial decisions means. 1t Is an
avowment of the belief that men un-
trained in the law are more expert in
determining the law than those who
are trained. For the people is simply
the aggregate Of you, the average man..
The people as whole, bring no more
intelligence to bear than you have, no
more comprehension. Before any man
can consistently vote for the recall OF
judges or of judicial decisions he must
satisfy his own conscience on this
point. He must convince himself that
he is better judge than the lawful
Judge, that his view Of the law Is more
correct than the view Of expert judges.
Is there any man of sense who would
assume such a aposition?-News and
Courier.
That is very good as far as it goes.
But the average man is competent IN
some cases to pass upon the actions OF
a Judge and decide as to whether he
should be recalled or not. When judge
gets upon the bench and allows the
lawyer at the bar to take possession OF
the court and run things, when his fear
of being reversed by the supreme court
makes him tremb!e in his boots and as
a result nothing is done by the courts,
the average man should have a say so
as to whether the county's money, and
the valuable time of her citizens shall
be wasted by one who Is manifestly in
competent When a judge allows the
lawyers to wrangle for two days over
a case that should have been handled
by a magistrate, when the docket mas
a half hundred cases to be tried and IN
a term of three weeks only about a nall
score are disposed of, it is time for the
average man to stay in and nave
day. 1t is very often the case that JUS
tice deferred amounts to denial OF
Justice. The courts in this state are
becoming a farce, and the delay OF JUS
tice is causing irresponsible mobs 10
commit violence When judge realizes
that he cannot handle the court, and
allows the lawyers to walk away with
him, he should step down and out, ana
If he does not, the average man snould
have the privilege Of recalling him at
least one is tempted to feel that way
about it when he is forced to lose val
liable time because of such incompe-
encies.-Cherokee News.
The argument of the News and
Courier is faultless, and as an ABSTRACT
proposition, we would not think of
trying to controvert it. The News Is
evidently of the same view; but at the
same time the News is not willing to
allow the doctrine that the News and
Courier's observations would teach, to
go unchallenged and it is correct. 1t
strikes the subjec' from a different
angle and makes good.
There is quite lot to be said on
both sides of this recall Of judges
proposition; but the relevancy of what
is said will depend very largely upon
the premises upon which the discus
sion is based. If it is assumed that
the Judge is able and competent, and
honest, there is no question of the
fact that he is better qualified to rem
der a correct decision than the public
would be, and also it would be mis-
take to submit his decisions for pub
lie review.
But there are dishonest judges to
be dealt with. The United States SEN
ate dealt with one last week and
dealt with him very properly. How
ever he was only the third or fourth
dishonest judge the senate has so
dealt with in the history of the gov
ernment, and there is abundant rea-
son to believe that many others
should have been dealt with in the
same manner.
However, what the country is driv-
ing at now is some plan to keep the
judges on their mettle, and that is the
main basis Of this recall proposition.
Every intelligent man knows that
while deceit and fraud may triumph
for a time, that truth and justice are
bound to win in the long run, and
even dishonest men who expect to last
throughout the long run are going to
cleave to truth and justice as closely
as they can, If not for the sake Of the
right, then in the promotion OF their
own personal interests. So far as re-
call is concerned, either of judges or
their decisions, we think it would be
Of small consequence if the judges
were elected by the people. If this
were the case, judicial candidates
would have to study not what individ-
uals, or any set of individuals want;
but what the people as a whole want
right and justice. And the judge
who is elected by the people because
of their belief in his character. inteS-
rity and capacity, is not going to be
recalled There are on the bench at
the present time a number of judges
who would be certainly and surely
elected by the people If the people had
a chance at them. And there are
others, maybe, who would be turned
down. Anyhow, we think that the
election of judges by the people would
stop all talk of recall; but if the cleo
ton of judges by the legislature is to
continue, the right of recall by the
people will be very proper.
House Chairmanships.-Most of the