Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-29

wave has receded and the dangers are
past The wise conservatism OF the
courts, in regard to revolutionary and
perilous changes i'll the constitution and
the laws, is one of the causes Of the
criticism of the courts made by irrespon-
sible agtators.
Never in the entire history of the coun-
try has a greater responsibility been
imposed upon the courts and the lawyers
than in the present political evolution,
when all extreme tendencies should be
discountenanced Facts and circumstances
may sometimes exist, sufficient to justify
the recall of executive and administra-
tive officers; but never without a judicial
investigation conducted under prescribed
methods and rules of procedure, giving
to the official full opportunity TO be
heard in explanation and defence of the
charges specified against him.
Denounces Recall.
But under constitutional government
consisting of three separate departments,
the arbitrary power of recalling officers
by popular vote. can never be extended
to judicial officers without destroying the
independence of the Judiciary, and shat
tering the keystone of that republican
form of government which is guaranteed
by the Federal Constitution to every
state in the Union No selt-respecting
lawyer, competent to be Judge of a high
court, could ever be induced to accept
an appointment upon bench where ne
must either decide a case contrary 10 his
honest judgment respecting the law and
the facts, suffer the humiliation and
peril of being tried and convicted by a
popular vote without an opportunity to
be heard in his defense. 1.-THE judicial
department. said Chief Justice Mar
shall, 'eomes home in its effects to every
mans fireside it passes on his property
his reputation, his life. his ALL Is 1t
not to the last degree important that he
should be rendered perfectly and conn
pletely Independent with nothing to con-
troll him but God and his conscience
1t Is repusnant to every conception of
the judicial character and function to
contemplate a judge as the representa-
tive of majority or minority of the peo-
Pile or of either one faction or anotaef
IN any controversy involving the inter.
probation or consttutionaity of a stat
ute, or in the decision of any causp as..i
But the Justices of the Supreme Court
of Maine have always been progressive
jurists in the proper and legitimate sense
of that term They have not assumed. it
is true, that every proposed change was
necessarily an Improvement; but they
have never hesitated to adopt any new
principle rule which distinctly ap-
peared to be sound and beneficcnt either
in substantive law or methods of pro-
cedure. They have never failed to recog-
nize the fact that the bewifdering DIS
coveries and developments of science
which are constantly being made involve
radical changes i'll nearly all depart
fnents of human activity and experience
They appreciate the fact that the law
must progress with new ideas of rignt
and justice, and adapt Itself to the
changes in social and industrial life.
They realize that while written con-
stitution should be declaration of prin-
ciples as basis of government and not
a code of laws, when it fails in import
ant respects to meet the necessities OF
the changed Industrial and social condi-
tons of modern life. it should be amend
ed, but only after careful and deliberate
consideration and study. They do not
feel called upon, however, to apologize
for having lived in a generation when
ence the historic grandeur of the work
performed by the founders of this ma
ton and the trainers of that organic law
which has so often been pronounced the
most marvellous work ever struck off at
a given time by the brain and purpose
of man"
1t has been well said that "there Is no
factor so constant in human affairs as
human nature itself. and in it's essential
attributes it Is the same today as ii was
among the builders of the Pyramids.
The object of written constitution as
the basis of government, and the purpose
OF law and policies framed in pursuance
of it, is to restrain the seffshness OF
human nature, vindieate right, redress
wrong and hold men up to a higher
sense of responsibility and duty to their
feilowmen
But If there is one Instructive lesson
which ilumines the pages of history if
Is that representative constitutional gov
eminent. consisting of three departments
chtirely separate and yet coordinate. is
coincident with civil liberty and incom-
parably superior to any other form of
government ever devised. not only In
stability. but in its efficiency to estab-
llsh justice and peace and promote tho
general welfare and happiness OF the
people