Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-01-02

J JUDICIAL
Al RECALL
H III h NJ rs

Brown Of Minneapolis, chairman Of the
American. Bar association committee to
oppose judicial recall, delivered the an
nual address before the Oklahoma
State Bar association here before a large
audience of. lawyers and citizens. His
subject. was 1.-THE Recall Of Constitu.
tional Safeguards"
Mr.. Brown said in part:
Your purpose. my purpose, our COM
the other but all together in this as
sembly of lawyers, q vigorous protest
against the now prevalent teachings of
the disciples of unrest who arc spread
ing misinformation about, distrust
and disregard for sour system of gov
eminent. We are here to protest against
fallacy Of the judicial recall. a fallacy
which u.s. repugnant to our constitutional
form of government. ~ -
1T is necessary, therefore, that for a
moment we should get back to the first
principles, to the elementary principles
which are the basis of our system Of
government; because it is these elemen-
tary principles which abe attacked and
d%isregarded by the advocates of the judi.
cial recall measures" .5!
~ Recall Attacks independence. ..
After reviewing the constitutional
safeguard provisions to protect life. lib
erty and property, Mr.. Brown quoted
from Ellsworth, Hamilton and Chief
Justice Marshall. showing that the en-.
Of these protective provisions
could only be accomplished through a
judiciary composed Of independent jndg-
es whose decisions could not be revoked
by the within OF, caprice of local or en-
porary majorilies. AS against the pres
ent attacks upon our constitution made
by the advocates Of the judicial recall,
cited the statement Of Gladstone that
our constitution is the most wonderful
ever struck off at a given time by
the brain and purpose Of man. and the
by Bryce. who terms it 1.-The
true. federal state founded on a com.
plete and scientific basis" Cur consti-
tuition has been the model for every sue.
republic Of modern times.
1.-The recall of judges is q direct at
tack upon their independence and. there
fore. indirectly an attack upo constitu-
tional safeguards. The recall Of decisions
is a direct attack upon the essential func
ton Of the judiciary itself; for it leaves
to the whim or caprice of a temporary
or FOCAL majority, not any consistent
change or amendment Of constitutional
plication. The judicial recall IS, there
fore, a recall of constitutional safeguards
It Is repugnant to u system OF consti.
tutionals democratic government.
Declares Recall 10 Destructive.
ut is not progressive. 1t is not con-
structivc. 1t is reactionary and destruc-
tive. It, is subversive of our constitution
Of the government established under It.
Of every element Of protection. now
to our citizens with respect
to their lives and their property"
MIR. Brown detailed the judicial re-
call provisions which had been adopted
In certain state up to the preent time.
He gave examples Of its abuses and
possible abuses. Referring to the re.
call of decisions adopted in Colorado, he
showed that it extended in certain mun
lCtuStSiLACS W4SA W SIlGt SiIAA y
provisions II a court decision declared
q charter amendment invalid as having
the effect to take private property with
out compensation or to impair the OBJ
legation Of contracts, ever in a litiga-
ton in which the city was a party, a
majority of those voting at a city election
called upon to pass upon such decision
might prevent its enforcement. A city
might decide one way n day and
another way another day with reference
to the same provision. One city. might de-
eide one way and at the same time
another city another way. This amounted
said, Mr.. Brown. to the establishment OF
a local option with reference to the sus.
pension or application of constitutional
safeguards. @ .r
Former Presidents "Remedy."
Quoting Aristotle's definition of a de-
magogue, Brown said:
This description never applied to any
man better than to that former presi.
dent, who Is afflicted with an incurablc
idiosynerasy for all legal and constitu-
tional questions, who Eliminates his in
sidiOus attacks upon our constitution, at
one time before the public at home, then
from the jungles Of Africa, and who is
now telling the citizens Of the South
American republic whose governments
are modelled upon our own, that our con-
stitutional system is wrong, and that the
prime function Of our courts is perform.
ed, only through %usurpation Of judicial
powers. He advocates the recall Of con-
stitutionaly safeguards through the re.
call of judicial decisions.
He refers to the decision recall as
a. new remedy-'my remedy. although it
was discussed n repudiated in the Aus
tralian constitutional convention ten
years before he evidently ever heard Of
it, and this, too. by the enlightened cit
liens of an entire continent who model
ed their constitution upon TINT Of this
country, with a judiciary empowered to
enforce it as the supreme law"
Instruments Of Socialism.
Roosevelt. admitted in his Carnegie
hall speech Of 1912 that the functions as
exercised at present by u courts We're
those to which they were entitled un'
der our constitution. But the other day
in his speech at Buenos Aires, he had
gone to the extreme Of the socialist doc
trinc, that the power at, present exercis'
ed by our courts to protect and preserve
constitutional safeguards is a power ar
rogated' to and 'usurped' by the courts
themselves. His direct attack upon the
judiciary is now carried to the extreme
Of the assertion, also made in his Euenos
Aires speech, that for more han thirty
years the courts Of this country have ex-
ercised their powers with '~inexcusable
and reckless w%antonness on behalf OF
privilege and against the interests of
the ne0n]e, This statement is No moro