The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-13
Congressman Has Plan Which Would
Give Congress Right to Vote on I'M
ment of Jurist
PRESENT PLAN CAUSES DELAY
Constitutional Amendment Proposed
Would Give Permit to Remove
Judges of Inferior Ability

promise between the ultra ra0lCal
position which would submit federal
judges to the popular recall and the
ultra conservative attitude which
would not meddle at all with the
laws surrounding the judiciary is
proposed by Representative Cordell
Hull, of Tennessee. Judge Hull has in
.troduced in the House a constitution
al amendment which makes it easily
possible for the people to get rid Of
men unfit to be judges without the
tedious and difficult method of i'm
.peachment or, on the other hand,
without submitting judges to the
Judgment of plebiscite.
The proposition submitted by Rep
Tesentatiye Hull is so simple that the
wonder is it has not been suggested
heafoEe. 1t amounts to a recall of
Judges, but 1t is based on the theory
that this is a representative govern
ment and that the will of the people
is CARED out through, their represent
tatiwes. The Hull proposition is the
recall of judges by Congress.
AS the constitution stands today
it is impossible to remove judges
from office no matter how flagrantly
bad may have been their conduct
provided they have not been guilty
of certain specific acts. High
crimes and misdemeaners' the con-
+ stitution terms the acts which must
have been committed by judges be-
fore they can he impeached. A
Judge may be grossly unfit tempera-
mentally to hold his office, his pri
waite morals may be shocking, he may
do many a shady act, but if he stops
short of the line and does not COM
nit any thigh crimes or misdemean-
fors', which have been rigidly de-
ifined by law and precedent, he can
mot be removed by impeachment.
Another factor enters into the i'm
reaehment procedure, and one not
Olten urged as an argument against
it, :anu that is the time consumed by
the Senate. 1t costs the people a
great suB of money annually to pay
for the proceedings of Congress, yet,
if many imneachments trials were
n
uGhere is some possibility of that con-
dhtion arising in the near future-it
@oula be impossible for Congress to
enact any important Legislation for
months.
The Senate is the high court of
Impeachment. An impeachIne
trial has the right of way in the
Senate, all other business being side
tracked until the impeachment pro-
ceedings are over. The recent Ar
ch'bald impeachment proceedin gs
<ldsagged along for many weeks. The
Hu1se Judiciary Committee is now
9, considering charges against Judge
Spear, of Georgia, and Judge Wright,
of Washington, D. c. There is, OF
course, the possibility that impeach-
n@ent proceedings might be brought
i'm lheth oof these cases. Were they
ordereS lit might be impossible for
President Wilson ITO get any of his
legislative pasogram Through the Sen
ate at this Session of Congress.
Judge Hull proposes "a .constitu.
tional amendment giving Congress
the right to remove Judges Of infer
Tor federal courts for cause. 1'Tha
means that If in the opinion of Con
gress a Judge, for any reason what
ever, is deemed unfit to hold his of
flee, Congress can remove him. No
thing is said in the amendment abou
grounds for removal. The only sti
pulation is that the removal resolu
ton must be adopted by a two
. thirds vote in both Houses of Con
,. gress. If two-thirds of the member
vote a judge unfit he is thereby re
moved.
This procedure would offer
great saving of time over the presen
cru1lNL ersome progress. Instead Q
g having the Senate sit as court, tn
Hull amendment brings remova
charges before Congress as any con
tested election case ght be brough
in. A concurrent resolution is in
.troduced 1t is referred to the pro
fper committee, which then proceed
ito hold hearings. At the hearing
the accused man may he represente
.by counsel. If after these hearing
the committee reports the resolutio
ffavorably, Congress then takes It u
for debate and vote as upon an
snther resolution.
Mrs A. p. Richie left this mor1
ing for Elgin, Illinois where she wi
no tho o,,est IF her sister during til