LAWYERS DEBATE RECALL OF JUDGES
Lawyers Debate Recall of Judges THERE WAS a lively discussion of the recall of judges last week at the annual session of the Minnesota bar association in Duluth. Newspapers report that the...
...These charges of corporate influence are not laid against the federal judges but against the elective judges, and that only where their terms are shortest...
...A cowardly judge would fear the people less than he would the political boss and big business men who made him...
...Fearless and free from every influence and power except that of the sovereignty creating them, of which they should not be free or fearless, but unfortunately they are...
...This guarantees to every state a republican form of government...
...The man who believes the people are a mob does not believe in republican form of government...
...I deny that any people capable of self-government are ever unfair or unreasonable...
...Newspapers report that the sentiment among the lawyers present seemed to be almost "equally divided" for and against, although it was finally voted to lay the subject on the table...
...The federal judges are well known to be more independent than the state judges and especially than those judges who are chosen by election...
...It would not affect the so-called corporate control of judges...
...Such a law would destroy the independence of the judiciary...
...He has no place here...
...A fearless judge would never fear the people...
...We cannot respect them if they are arrogant or tyrannical or despotic...
...The judge who is recalled on account of a corrupt decision will be placed on a par with one recalled because his decision was not pleasing to a majority of the voters...
...ANY PUBLIC SERVANT of the United States, who happens not to be elected to his place, can be recalled by such interests as are seeking to recall Doctor Wiley—by such as did recall Pinchot and Glavis...
...Let their work be done in the light of the power they serve...
...Respect the judges, of course, the same as we respect men in other offices who do their duty, no more, no less...
...Here are some of the "objections" brought forward by Lawyer Brown...
...These objections were met by James G. Manahan, another Minneapolis attorney, in the following language: "It is urged that the recall of judges would subject the judiciary to the clamor of the mob...
...Popular demands which would result in the recall of judges would in many instances be demands that set aside the constitutional guarantees...
...The recall is contrary to the Federal Constitution...
...For 2,000 years," he said, "no such provision has been made or even advocated until the present day...
...free from the persuasion of politicians and the bunco of business men, which most emphatically they are not...
...No man qualified for a judge will place himself in a position where he must either decide a case contrary to his conscience or suffer the disgrace of a recall...
...his spirit is treasonable...
...They are entitled to the respect earned by the justice and wisdom of their judgment, and this should be measured not by them, but by that sovereignty that creates them...
...that we must have a fearless judiciary...
...A few may clamor, but the people never...
...It practically places the power of adjudication in the majority of the voters, although the chief function of the judiciary is to protect the minority from the majority as represented in the legislatures...
...The independence of a judge is in an inverse ratio to the nearness of the time when he must again stand for election...
...Why should not the people be permitted to recall servants whom they do not like?—Kansas City Star...
...The recall would discourage lawyers of high attainments from going upon the bench...
...They never have and never would recall a judge except in clear case of proved dishonesty, and in such case he should be recalled...
...Of course the courts should be fearless and free—fearless of bosses, which they are not...
...And if they are not held responsible they become to a greater or less degree arrogant, tyrannical and despotic...
...The more direct and severe the light the greater will shine the glory of their work well done...
...The refusal of the association to go on record on the matter followed a speech against the application of the recall to the judiciary by Rome G. Brown, a Minneapolis attorney...
...He should leave this country...
Vol. 3 • July 1911 • No. 30
