The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-10-22
JUDICIAL RECALL
CONDEMNED BY
AMERICAN BAR
ALSO LABOR EXEMPTION I'm AN,
THRUST LEGISLATION
IS FAULTS WITH INCOME lax
Structure and Language as Whole
Is Open TO Gravest Defects-The
Entire Act Should be Recon-
structed Says Committee.

Washington, Oct. 81. Condemna.
ton In the most vigorous language of
the judicial recall and the labor ex-
lemption clause in the recent anti
TRUST legislation were made in com.
mittee reports submitted today at the
annual convention OF the American
Bar Association
or judicial recall advocates one
icommittee said: They would sub
lstitute In the place of the careful
Judgment of tribunal of triers ex-
lperienced in trial Of facts and learn.
ed by the law, the arbitrary and ca
PRECIOUS prejudgment OF comparative
lly incapable arbiters declared at
mass meeting or at a referendum
election"
THE new legislation discriminates
against the successful man." another
committee said of the Clayton anti
\ trust bill.
1 ut snatches the prize from the
hopeful and energetic. And by legal
izing weapons of offense on the part
vi ldDOT uulOu5 ~ ID cnCOuldb1h6 law
less labor leaders. There are some
who love the excitement and motor
iety of strikes and profit by them"
The committee appointed 10 urge
the judicial recall delivered a yigor-
Ious denunciation of chief Justice Wal
ter Clark, of North Carolina supreme
court without mentioning his name,
because of his advocacy of recall OF
decisions.
| Partial approval was given by the
lcommittee to the Ohio plan" which
lproyides that no act Of the legislature,
lduly approved by the executive and
mot vetoed by the people through the
referendum, shall be declared uncon-
stitutional by the state supreme
court unless at least six of the seven
judges concur.
The judicial recall amendments to
Ibe voted upon in Kansas and Mime
sofa next month were singled out for
particular denunciatiOn. These re-
quire a separate recall election, apart
from the election of the successor OF
the deposed judge, in case the recall
is successful. by eliminating one
of tae Incidental objections to the ju-
dicial recall thesp measures, thus
sugar-coated, were fed to and sWal-
lowed by the legislatures of these
two states where without modification
the recall of judges had been pre-
yiously rejected" the report said.
The report of the special commit
ltee to suggest remedies and formu'
late proposed law complained that
the house Judiciary committee had
failed to keep it's promise to give 1t
a hearing on antitrust legislation.
IOf the antitrust legislation 1t said:
1T discriminates in favor of labor
ORGANIZATIONS, forbids injunctions in
labor controversies which would be
granted in other cases, and makes
certain acts legal when done by la
Dor unions which are illegal when
done by others.
For example, We condemn the
standard Oil manufactures for en-
ldeayoring in tae early days OF their
organization to drive competitors out
of business. What is this but boy
Icott? This was considered so Grim
Iinal by the senate that senators de-
Iclared they would rather have their
\ cotton destroyed by the weevil than
use any Rockefeller money to pre-
vent the plague Yet here we have
a proposed act which makes II legal
for a labor union TO persuade persons
to cease to patronize or to employ
any party to a dispute. Tnis Is
boycott"
Your committee is not opposed TO
lorganiZed labor. We freely concede
! to laboring men the same right TO
organize that their employers pos
sess. We are persuaded that In op-
posing the proposed legislation We are
the true friends of both.
II "For our own part we believe that
, Ideally competition Is uncivilized, This
land this alone Is the crime alleged
against the founders of the Standard
Ion company. For this they nave
been held up to public scorn. The
United States government has pro-
ceeded partly on this ground against
1.-The great corporation and has procur-
|, led its dissolution. II is perfectly
plain that public sentiment and the
law as administered does not permit
tsdeadly competition" by corporattons
ION, every principle of equality and
+ Justice it should not be permitted to
. trade unions
The committee on taxation found
. 25 faults with the new income tax
: law.
apart from specific defects" the
!. lcommittee reported, the structure
J. and language of the act as whole
|. Is omen to the gravest defects. re-
/. vision of the law should therefore ex'
/. tend to its form as we'll as TO It's sub
!. stance. The entire act should here.
constructed, and there should be
! placed upon the statue book an ia.
I come tax so arranged and expressed
so as to be convenient for fefefenee
! consistent 81 an ila paFts and capa'
} Bile Of being understood bs . eltlzep