The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1915-10-13
A MORIBUND DOCTRINE

The Times-Union quotes a para.
graph from a recent editorial in the
Tele ram on the judiciary of Florida
and makes it text for comment on
and vigorous criticism of the new
tangled doctrine of the recall of a
judge By popular vote.
We must plead ignorance as to lust
how much of this doctrine the Dem
ocratic party of Florida has absorbed
and incorporated into its platform
Our recollection is that it was one
of Mr.. Bryan's new discoveries in
modern craftsmanship, and as it was
practical application of the doc
trine that the people must rule. it
spread all over the country and was
accepted in many quarters as an in
spired truth. But sober second
thought came along and suggested to
thoughtful men that about the best
way to break down the judiciary and
fill it with time servers always in
fear of the recall and trimming their
sails accordingly. was to make that
doctrine applicable to judges. Hence
in many of the State party platforms
the judiciary was excepted from its
operations, and this, we think. in
cludes Florida.
When the time comes that our
judges must cater to popular preju-
dices to catch votes and yield or
modify their honest convictions in
fear of a recall, the independence of
our judiciary will be a thing of the
past and as a coordinate branch of
the government it will cease to be
the tower of strength and the ark
of refuge we have all been taught to
think that it is.
We reproduce what the Times
= Union SAYS as something worthy of
thought by those who realize the i'm
portance of keeping our judges ont
OF the mire OF politics as seekers of
votes:
But such officials come but rarely
as the gifts of fortune; as a rule
thelr services in our country are
made possible only when the people
nave the capacity to select wisely
and the good judgment to maintain
them in office. When we know that
officials are usually selected because
OF their popularity of their power
TO please the average man or to en-
llst the support of those who think
too little of the rare qualities Gnu
merated by our contemporary. is il
wonderful that some judges are nm
nj? For, because those qualities are
rare they must always appeal with
comparatively little force to the pub-
TIC. First of all, Judge whose duty
requires him to enforce the law as
written, must be independent enough
10 pay little heed to public clamor
and popular rnjudicc--having done
MS uuty as ~ sees i, he must ex-
pect to see himself unpopular at |
times II he be subjected to recall |
at such crisis, what becomes of
your mt and capable judge? A com !,
petent constituency may be trusted
10 regain its bearings after time
out what if the power to recall no
lelt when feeling is heated and dis
agreement az its heieht? The cana
Die Judge must often enforce Tho law
"heh : own feelings are interested
IN another direction-what of the
citizen who feels as he does but is
ignorant of the law or incapable of
submitting his feelings to its re-
'tralnts? The German or the Eng
1shman would say that the voters ;
are ulh TO choose the judges by
Shom Judgment may be done on 5
mem; the fathers of the republic en-
ertained like view and gave tho s
eiectlon of judges to an executive {
hosen by the voters: but if any
loubt could assert the wisdom of I
popular re 9ulation of the dutias of !
ne oihee7 Is the average voter ual- d
NED TO O. t'cise wisely the decisions h
i an Official whose oath requires him +
oDey law of whose theories and
the voter is too often ig- p
oraht How many voters are fiji II
0 pass judgment on the decisions of
ur supreme court?" Il