The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-10-21
JUDICIAL REGAL
Opposed BY The
BAR AsSOC|AT ion
While Canal Tolls and Japanese
Questions Are Touched
upon in Reports.

IN
Emphatic opposition to the judicial
recall. a plea that Congress should
Amply the same rule to fnjunE.s0 Ion
labor cases as to other cases OF in-l
junction. and reference TO Panama
tolls and japanese Immigration, are
among the questions treated IN ~
ports Of committees presented TO-DAY
tosthe American Bar Association now
In annual session here.
Concerning the status Of judtclaI
recall agitation the committee
Oppose Judicial Recall, reports In
part AS follows:
Change in Sentiment.
"a perceptible change N sen tlmcnt
toward the judicial recall is slowly
the different states. In many local-
tiles its true nature is not vet un-
Ederstood. Utmost stat,s The average
voter has. as yet. insufficient appre-
citation OF its baneful character. Inc
work of education must he continued.
The signs, however. of increasing
!enliehtment, due to persistent efforts
~ it's opponents. arr everywhere APP
narent Former leading advocates
| 81 judicial recall are saying less
about It. Some of them are now say
! {ng n otI1ins about it. Some have ap-
parently given up the recall OF
| Judge and have turue TO the Ju-
| tlical decfsicn rscaH as s1lbst1tuts.
! others. more adroit, have apparent
~ SpiI,en M, both the recall of judges
and the recall of judicial decisions
and have retreated to positions less
/ anta eonfstic to constitutional democ-
racy. 49,. +ha
present Congress receives e1teI 49,
| treatment by the committee IN cnarse
| Of this subject. The proVslon tiu Li
l I, 4 In dfGnuCoSs
oripinailv Incorporated in the anti
| trust leeislation of the House Q.
| Penresentatiyes. and later amenden
Nv the senate, Is criticised by the
committee, which says:
No Special Privileges
"The provision distinctly TedulTFs1
the court to apply to controversies a.,s
that which is applied In other cases.
To give special privileges to any
class Of men is opposed not only TO
the Declaration of Independence.
hit to the whole theory Of our gov
eminent. On this point all partlss
agree. ~. ,e,,.
Can st have occurred to the gen,
tlemen who propose TINS ieglsl ...L.a
that If the courts cannot decide nnese
controversies peaceably, they viii ne
decided by force2 The shocking re-
snits of the latter method we see
MAINLY in Colorado Would 1T not
have been better to have the ques-
lions which have given rise to BLOOD
shed there. decided in an orderly
manner by the COLORADO courls
"Your committee is not opposed
n oreanized labor. We freely con
code to laboring men the same right
10 organize that their employers
nossess. We are persuaded that N
opposing the proposed Legislation
we are the true friends OF Dotn.
The Panama tolls question ana
Japanese immigration are reIerHeu
to in the report of the committee on
International law, as follows:
"The discussion arising between
the United States and Great Britain
and other countries as to free tolls
for coasting vessels OF the United
States has been amicably terminated
by the repeal OF the free tolls ny
Congress by a stature carefuAy
worded to prevent the loss OF any
rights of the United States
Relations Disturbed.
"Our relations with Japan continue
70 be disturbed by the denial byI
some statutes Of this union Of certain
rights claimed by her nationals. II
Is respectfully submitted that like all
matters of foreign relations this mat
ter must, by the rules of the 'consti-
tuition and of expediency alike. be
controlled and adjusted by the fed
eral authorities as the interest of the
whole country may seem to require.
/, The international law committee
also approved the proposed interaa-l
fional conference for the unification
az lave relating to bills of exchange,
and the proposed international agree
,ment in respect to deck cargoes ex-
ported from the United States In the
winter time.
The committee on commercial law
reports in favor of the continuance
of the national bankruptcy act. and
opposes all legislation to repeal the
act.
Simplicity and clearness OF laws.
go as to be underst God by the average /
citizen, is strongly urged by the
special committee on legislative
drafting. It refers in this connection
to the s.crowning monstrosity of the
income tax act" with Its involved I
nhraseology and no attempt what
ever at orderly arrangement. The
formal defects Of the act are pointed I
out under nine heads. one of them
showing certain sentences so I
worded as to make no sense II literal
Nv interpreted" The committed
adds;
Report on Taxation.
ssThough we claim to be demo-
cratic government, our statutes are
addressed to lawyers and not to the
people; layman can hardly be ex-
nected to- understand their phrase-i
ology. The principal German stat
trtes particularly the civil CODE are
published In cheap. popular and
handy editions, and are found IN hun
dreds Of thousands Of homes. The