"RECALL IS REASONABLE"-OWEN "JUDGES ARE BUT HUMAN"-BOURNE
"Recall is Reasonable"---OWEN "Judges are but Human"---BOURNE THAT THE RECALL would prove effective in preventing courts from usurping the functions of Congress was contended by Senator Robert L....
...Third.—That the recall of judges is justified in a peculiar sense in this republic at this time, for the reasons— first, the federal courts have unlawfully assumed the right to declare acts of congress unconstitutional...
...Mr...
...We sometimes elect legislators to the bench, send former judges to the legislature and place judges in executive positions, even elevating them to the highest executive office in the land...
...fourth, such courts have become tyrannical in contempt cases—denying jury trial, in injunction cases, and so forth, and that the reason of this bad behavior is due to the fact that the judiciary is not responsible to the people either by election or recall...
...SENATOR JONATHAN BOURNE Jr., president of the National Progressive Republican League, favors the initiative, referendum and recall provisions of the Arizona constitution...
...Judges are but human...
...The people elect a judge because of anticipated good service and they would recall him only for demonstrated bad service...
...Recall is Reasonable"---OWEN "Judges are but Human"---BOURNE THAT THE RECALL would prove effective in preventing courts from usurping the functions of Congress was contended by Senator Robert L. Owen in a speech on July 31 in the United States Senate...
...Referring to the recall of judges, Senator Bourne said: "I see no reason why a man who occupies a judicial position should be governed by laws and standards of public service different from those which apply to legislative or executive officers...
...third, have overridden the rights of state laws in a similar manner, either on the pretense that such...
...second, have undertaken to invade the legislative function of congress by judicial legislation...
...and he should be subject to dismissal by the people after fair opportunity to be heard upon his record...
...If the judiciary is above the influence of the political boss, it is certainly also above the influence of popular clamor and the argument against the recall falls to the ground...
...Second.—That the election and recall of judges is justified by sound reason and common sense...
...In advocating the adoption of his bill providing for the election and recall of Federal judges, he said: "I shall endeavor to show the justification of the right of election and recall of judges: "First.—By precedents, showing that many states do elect their judges and that all of the states and nations do have the explicit right to recall their judges, or automatically recall by a short or fixed tenure of office...
...President, the right of recall of judges is all the more important when we recognize the fact that the big interests of this country have taken infinite pains to bring about the nomination and promotion as federal judges of those whose opinions were known to be favorable to their point of view...
...A man who is dishonest or incompetent in an executive or legislative office will likely be dishonest or incompetent in a judicial office...
...A judge who will listen to popular clamor will also yield to the wishes and interests of a political boss...
...state laws were unconstitutional or that such state laws were invalid on grounds of policy...
...If a judge must be subject to influences controlling his election and retention, which presents the greater danger, the influence of popular will or the influence of the political boss...
...A man does not change his standards of ethics when he changes his office...
...Judges, like all other men in public life, are generally honest...
...On August 5 he made a speech in the Senate replying to the heated criticisms of these provisions by Senator Sutherland...
...He who would use his power as an executive in an improper manner or for an improper purpose, would exercise judicial power in the same way...
...In any branch of government he is a servant of the people, not their master...
Vol. 3 • August 1911 • No. 33
