Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-21
RECALL
SENTIMENT NOW
DISAPPEARING
American Bar Assn Considers
Proposed Reforms and Re-
ceives Committee Reports.

WASHINGTON, Oct. 21.-Emphatic
opposition 10 the judicial recall,
plea that Congress should apply the
same rule to injunction in labor cases
as to other cases of injunction, and
references to Panama tolls and Jap
anese immigration, are among TIE
questions treated in reports of COM
nittees presented today to the Amer
lean Bar Association now in annual
session here
Concerning the status of judicial
recall agitation, the committee to OPP
pose judicial recall reports in part as
follows:
"A perceptible change in sentiment
toward the judicial recall is slowly
but surely showing itself among the
people of the different States. In
many localities its true nature Is not
vet understood In most States the
average voter has. as yet. insufficienf
appreciation of it's baneful character.
The work of education must be con-
tinued The signs, however, OF IN
creasing enlightenment due to per-
sjgtent efforts of its opponents, are
everywhere apparent. Former lead
ing advocates of judicial recall are
saving less about it, Some of them
are now saying nothing about 1t.
Some have apparently given up the
idea of the recall of judges and have
turned to the judicial decision recall
as a substitute. Others, more adroit,
have apparently given up both the
recall of judges and the recall OF
judicial decisions, and have retreated
to positions less antagonistic to con-
Stitutional democracy"
Injunction Legislation before the
present Congress receives extended
treatment by the committee in charge
OF this subject. The provision limiting
injunctions in labor disputes, origi-
nalIv Incorporated in the antitrust
legislation of the House of Represent
atives, and later amended by the Sem
ate. is criticised by the committee,
which says
Regarding Labor Cases.
1.-THE provision distinctly requires
the court TO apply to controversies In
labor eases a different rule from that
which is applied in other cases. To
Give special privileges to any class
Of men is opposed not only TO the Dec
laration of Independence, but to the
whole theory of our government. On
this point all parties agree.
"Can it have occurred to the gem
tleinen who propose this legislation
that if the courts cannot decide these
controversies peaceably they will be
decided by force? The shocking re-
suits of the latter method we see
plainly in Colorado. Would it not have
been better to have the questions
which have given rise to bloodshed
there decided in an orderly manner
by the Colorado courts?
"Your committee is not opposed to
organized labor. We freely concede
to iahoring men the same right to or
panize that their employers possess.
We are persuaded that in opposing
the proposed Legislation We are the
true friends of BOTH
Panama Tolls Question.
The Panama tolls question and
Japanese immigration are referred to
in the report of the committee on in
ternational laws 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 by Congress by |
a statute carefully worded to prevent
the loss of any rights of the United
States.
our relations with Japan continue
to be disturbed by the denial of some
States of this Union of certain rights
claimed by her nationals. 1t Is re-
spectfully submitted that like all mat
tiers of foreign relations this matter
must, by the rules Of the constitution
and of expediency alike, be controlled
and adjusted by the federal authori-
ties as the interest of the whole coun-
try may seem to require"
The International law committee
also approved the proposed interna-
tionai conference for the unification
of laws 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 OPP
poses all legislation to repeal the act.
Simplicity and clearness of laws, so
as to be understood by the average
citizen, is strongly urged by the spe-
cial committee on legislative drafting.
1t refers in this connection to the
"crowning monstrosity of the income
tax act" with its "involved phrase
olpgy and no attempt whatever at or
derby arrangements" The formal de-
feets of the act are pointed out under
nine heads, one of them showing Ger
tain sentences so worded as to make
no sense, If literally interpreted"
The committee adds:
Though we claim to be a demo-
critic government, our statutes are
addressed to lawyers and not to the
people; layman can hardly be eX-
pected to understand their phrase
ology. The principal German statutes,
particularly the civil code, are pub
llshed in cheap, popular and handy
editions, and are found in hundreds of
thousands of homes. The extraordi-
nary sense of legality of the German
people in not entirely unconnected
with the intelligibility of their laws"
The committee on taxation also
submitted a report on the involved
and confused form of the income taa
law, and recommended it's revision, as
follows:
Apart from specific defects, the
structure and language of the act, as
A whole, is open to the gravest OBJ
1ections. A revision of the law should
therefore extend to its form az well
as to it's substance The entire act
should be reconstructed, and there
should be placed upon the statute
book an income tax law so arranged
and expressed as to be convenient for
reference, consistent in all its parts
- oapaI,1a IF hpinu understood nv