Daily capital journal. (Salem, Oregon) 1903-1919, 1916-02-02
JUSTICE BENSON
TALKED TO CLUB
IWeIl-KnOwn Jurist Was
Speaker at First M. E.
Church Last Night

In discussing "The Recall as Ap-
piled to the Judiciary, before the Six
0 Clock club of tine First Methodist
church last evening, Judge Henry H..
Benson of the supreme court assumed
the general position that it was absurd
for the people to sit in Judgment Of
those whose decisions were rendered af-
ter deliberate judgment and also after
hearing brilliant lawyers argue both
sides of the question.
The judge was of the opinion that
the decisions of the people were not
always calm and deliberate and from
a historical standpoint, cited the trial
before liontius PLATE, who against his
own Judgment, yielded to the clamor of
the public.
Following the able paper read by
Judge Benson the recall was general
ly discussed, the general opinion among
the older men being that the recall was
dangerous, while the younger lawyers
expressed the thought that the people
were not liable to abuse the privilege
of tne recall.
"Too many material things influence
people to vote for recall, said JUS
tice George II. Burnett. "With the re-
call, competent men could be relegated
to the back ground for those who know
how to shake hands and mix with the
people. There never was a legislature
in this state but was the direct product
Of the people.
"The people need to cultivate sober
Judgment rather than to submit to the
excitement of the moment, and the pub
lie is safe as long as people act on their
better impulses, said Justice Burnett.
Walter Winslow agreed with Judge
Benson that the people were capable or
passing judgment on many subjects,
but for himself, could see no danger
in the recall, ''The people have not
allowed themselves to run away with
the recall so far, and | have not heard
that it has been used with bad re-
suits, - said Mr.. WinslOw
Opposition to the recall of a judge
for an unpopular decision was voiced
by Mr. Winslow. "I believe the people
have made fewer mistakes than the
legislators. am strong for the people
but they are to blame if the right kind
of legislators are not elected -
60 do not like a whole lot of what
is called reform and progress, said
Judge j. c. MOreland, clerk of the su-
preme court. Acknowledging that the
recall, initiative and referendum were
here to stay, the Judge thought the
next best thing was to remedy the
laws, as man now could with but
little difficulty, secure enough names
on petition to force an election on a
recall. He urged that law be passed,
permitting only the names of registered
voters on recall petition. He also
recalled the fact that during the ses-
sion of the last legislature, he intro
duced a bill providing tnat no man
should sign 4 recall petition, unless a
registered voter. Like many other bills,
it died in committee.
Roy F. Shields also agreed in general
with Judge Benson and said that often
lawyers feel that when the decision
goes against them that it did not seem
right, but later, come to the conclusion
that the Judgment of the supreme court
was sustained by the evidence. As to
the recall of Judges, Mr.. Shields was
of the opinion that judge could be
tried as any ordinary city citizen, if
found to be corrupt.
District Attorney Rmgo believed that
the recall would never improperly he
used. "The power to recall judges
should be in the hands of the people,
but | agree with Judge Moreland, that
only registered voters sAould be allow
ed to sign recall petition"
State Treasurer 7. B. Kay was of
the opinion that the recall is abused
nine cases out of ten, and that in or
der to protect officers from the abuse
of the recall petition should be placed
in public place, and those interested
in the proposed recall, 30 there and
sign eff there really is a demand for
a recall, the people will 90 to a pub.
lie place and sign tine petition This
carrying around a petition should not
be permitted, said Mr.. Kay.