Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-22
REPORTS MADE
TO A N E RICAN
/. BAR ASSOCIATION
Opposes Judicial Recall,
Urges Same Use of
Injunction in Labor
Cases as in O t h e r
Cases Reference to
Panam a Tolls and
Jap immigration

| Washington, Oct. 21-Emphatic OPP
! position to the judicial recall, a plea
that Congress should apply the same
rule to injunction in labor cases as to
other cases of injunction, and referen-
| ces to Panama tolls and Japanese
! immigration, are among the questions
treated in reports Of committees pre-
sented today to the American Bar As
ISOLATION now in annual session here.
Concerning the status of judicial re-
call agitation, the committee To oppose
Judicial Recall reports in part as fol-
| lows:
"a perceptible change in sentiment
toward the judicial recall is slowly but
surely showing itself among the peo-
pie of the different states. In many
localities it's true nature is not yet
understood. In most states the average
voter has, as yet, insufficient appre-
citation of its baneful character. The
work of education must be continued.
The signs, however, of increasing en-
lightment, due to persistent efforts of
it's opponents, are everywhere appar
I ent Former leading advocate of
judicial recall are saying less about it.
Some of them are now saying nothing
about it. Some have apparently given
( up the idea of the recall of judges
| and have turned to the judicial de-
/ cision recall as 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-
| nally incorporated in the antitrust
| legislation of the House Of Represen-
! tatives, and later amended by the Sem
ate, is criticised by the Committee.
which says:
THE provision distinctly requires
/ the court to apply to controversies in
! labor cases 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 Declar-
alton of independence, but to the whole
/ theory of our government. On this
point all parties agree.
/ Can it have occurred to the gentle
men who propose this legislation that
/ if the courts cannot decide these con-
troversies peaceably, they will be de-
cided by force? The shocking results
of the latter method we see plainly in
Colorado. Would it not have been bet
! ter 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 laboring men the same right to
organize that their employers possess.
| We are persuaded that in opposing
the proposed legislation we are the
] true friends of BOTH"
| The Panama tolls question and Jap
anese immigration are referred to in
| the report of the Committee on Inter-
national Laws, as follows:
1.-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
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 by some
states of this union of certain rights
claimed by her nationals. 1t Is res
pectfully 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 authorities
as the interest of the whole country
| may seem to require"
| The International Law Committee
also approved the proposed interna-
! tional conference for the unification Of
| laws relating to bills of exchange; and
the proposed internationl agreement
i in respect to deck cargoes exported
! 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, so
as to be understood by the average
citizen, is strongly urged by the Special
Committee on Legislative Drafting.
| 1t refers in this connection to the
Growing monstrosity of the Income
| Tax Act,' with its involved phrase
| ology and no attempt whatever at
orderly arrangement" The formal
defects of the Act are pointed out
under nine heads, one Of them showing
certain sentences so worded as to
make no sense if literally interpreted"
The Committee adds:
Though we claim to be a demo-
cratic government, our statutes are
addressed to lawyers and not to the
people; a layman can hardly be ex-
pected to understand their phraseology
The principal German statutes, partic-
ularly the civil code, are published in
cheap, popular and handy editions,
and are found in hundreds Of thou
sands of homes. The extraordinary
sense of legality Of the German people
! is 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 Tax
law, and recommended its revision, as