The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-11-15

what l have said has to do with the
question of the recall of judges.
If we shall adopt as a part of our
system the recall of judges, it will
mean that the judge setting in the
trial court shall be invited to consider
| the effect decision that he may
render may have not alone upon the
jury, or upon the merits of the case,
or upon the man accused of crime, but
upon the multitude sitting in the
court room as spectators and upon
the public scattered thruout his dis
trict. The judges of the Supreme
Court will be invited to consider not
only the question of whether or not
the lower court pursued a course that
was in harmony with the constitution,
with law, with justice, but rather the
effect of sustaining or refusing to
sustain the action of the lower court
upon public sentiment.
| But someone says the men who are
chosen as judges either to preside
over the trial court or the supreme
courts of our land should be men who
could not be moved by personal con-
siderations. My friends, if that is
true, and l believe for the most part,
it is true, then all argument must
fail that would sustain the recall of
| judges, because the very argument
that says that courts, in spite of the
fact that they are human institutions,
will stand against temptation of per-
sonal character, argues more forcibIy
that they will stand for the right with
the question at trial not one of per-
sonal consideration, but of determin-
ing right and wrong between indi-
viduals who may come before them.
Then do | believe that it should be
possible for a judge to be removed
from office? Most assuredly | do.
We have today in every state in the
union and in our federal government
provided a means for the removal of
Judges. Within the federal govern
ment, a federal judge may be removed
thru the process of impeachment by
the House of Representatives upon
the conviction of the crimes for which
he may be charged after trial in the
Senate of the United States. SINH I
lar provisions exist in the. systems Of
government in the various states.
shall not refer to them in detail.
Let me say, however, that as ap-
piled to the federal government and
the federal judiciary, the provision of
the constitution is not a dead letter;
it is a living thing. 1t is something
that has been acted upon at various +
times frof the beginning of our gov
eminent. During the comparatively
short time that I have been a repre-
sentative, it has been my response
of three federal judges. Two times
when the question was brought before
the House, I voted against impeach-
ment because / did not believe the
judges were guilty of the crimes with
which they had been charged. / was
acting, you might say, in the capacity
of member of the grand jury to say
or not the judge should be
placed on trial. On one of these oc-
cations, the majority of the members
Of the Huse of Representatives voted
Jpn the question as / did and the
resolution calling for impeachment
failed of passage. In the other in
stance, majority of the members of
he House voted against the way my
conscience dictated that should vote;
he judge was impeached, but upon
rial in the Senate, which body cor
to the trial judge and jury,
he judge was acquitted of the
harges that had been lodged against
lin. A third time I was called upon
o vote on the impeachment of fed
raj judge and this time could see
My one course of action-that was to
-ote for impeachment because I be- :
ieved that the judge had been guilty I
f violating the oath of office that he
lad assumed as member of the ju- .
iciary. That time, when the Senate
card the evidence in the case, the :
erdict given was that the Judge was t.
utility as charged; he was removed p
nd the ermine Of the judiciary was d
tripped from his shoulders and 6
laced upon the shoulders of another :,
] do not believe in the recall of q
ldges in the sense that judges may j
e recalled by popular vote. but I do ly
elieve that judges should be held to p
le strictest accountability touching Fl
robity in office, touching the good =
nth and integrity that they should r
airy with them in the administration
justice.
Suffrage
The tendency Of government in the
after of suffrage is so apparent
lat / need give little attention to the
me.
Since we have government and
efore, there have been two theories