The Commoner.
MAT 19, 1911
Alters Views and Now Upholds Recall of Judges
The Los Angeles (Cal.) Herald, of May 7th,
prints the following interesting article: Revok
ing everything he said in the past campaign
against the recall of the judiciary, State Senator
Lee C. Gates came out strongly in favor of this
measure in an address before the City Club
yesterday.
Mr. Gates declared that while in the begin
ning he had opposed the recall of the judiciary,
after study and reflection he had come to the
conclusion that if he had to choose between any
portion of it he would hold the recall over the
judges and let the rest go. He stated that with
the arbitrary power the courts were assuming
the country would soon bo under a judicial
despotism as absolute and as cruel as that of
Russia and that the only check on such a despot
ism was the recall. In part Senator Gates said:
"There is a science of American government.
That science is the reflected will of the people.
The constitution of California declares that all
political power is inherent in the people. That
power is evinced by the people throughout the
constitution and the laws in three co-ordinate
branches, of government, the executive, the
legislative and judicial. But how much of the
legislative function is in fact performed by the
legislative branch of the government? The
courts have by a series of interpretations
managed to write into the laws in many and
it must be said in most important cases, inter
pretations which materially change such laws,
and by the expounding thereof very materially
and in some cases absolutely ignore and reverse
the will of the people as expressed by their
legislative branch.
"In short, the judicial branch of the govern
ment has gradually over-shadowed until it has
well nigh overturned the functions .of the
other branches of the government and made
these two co-ordinate departments of govern
ment entirely subordinate and beneath and
within the power and control of the judiciary.
"I contend that this is one of the gravest
problems confronting us as a state and nation;
the greed and usurpation of the judicial branch
of the government. I contend that laws created
and enacted to represent the people's will and
their benefit should be interpreted by the courts
in the light and spirit actuating their enactment
and that the judiciary should lend itself to such
spirit and interpret such will and spirit of the
people.
"What is the sovereign power in America?
What but the people? The constitution of the
United States is but their creation. The con
stitution of the state of California is but an
other of their creations. When your supreme
court has decided a' question of which it has
jurisdiction in your state, to whom can you
appeal? No branch of the government is pro
vided to which such an appeal may be taken.
It is absolute, arbitrary and supreme.
"An answer must at once suggest itself; there
is but one tribunal to which an appeal may be
taken from the decree of the judiciary the
people themselves. Without that appeal you
have created an agency of government that has
absolute arbitrary power. If the people have
not the right to overturn that decree by recall
ing the agency that has uttered it then the
creature has become superior to the creator,
and your boasted self-government has become
a sham and a delusion and is merely a counter
feit of what you fondly believe you have. What
recourse have the people of the United States
from a decree of the supreme court thereof? An
institution created by the people through tho
constitution as an agency of government.
"And yet, when it has uttered its decree, has
issued its fiat, has promulgated its mandate, no
matter to what extent such decree may violate'
the principles of liberty or tho rights of the
citizen, no matter how subversive of all such
rights, no matter how revolutionary In form,
even though it override the decisions of a' hun
dred years and despoil all the cherished canons
of freedom there is no pathway open to the
people except obedience.
"The recall of the judiciary is not an agency
to withdraw the" judicial powers from their
functions, but to enliven and inspirit the judi
ciary with the spirit of .the times and to make it
as responsive to the public welfare and will, as
it now is to property rights and the spirit antl
will of vested property and gigantic vested in
terests. Both must have their protection, both
must at the hands of the judiciary secure that
protection. Neither must be absolute, but if a.
contest shall come there must be in the hearts
and souls of the judiciary tho feeling that
human rights when in conflict with property
rights shall under the spirit and essenco of our
government bo superior.
"The recall of the Judiciary is the means
whereby the creator is to place itself abovo its
creature. It is to put into the political life of
the nation tho application of tho scriptural in
junction which declares: 'Remember now thy
Creator in the days of thy youtli that thy days
may bo long in tho land which tho Lord thy
God glveth thee.'
"The recall of the judiciary Is necessary to
.maintain the supremacy of the people over all
their agencies and creations as was the struggle
of tho fathers to establish liberty and to pro
claim it throughout all tho land unto all tho
inhabitants thereof.
"If it be claimed that tho recall will terrorizo
tho judges I answer that no Judge worthy the
-name will be swerved one jot or title from his
true opinion, and as proof I cite tho fact that
no difference can be observed in tho decisions
of a manly judge at or near the close of his
term from those at near the beginning of his
term. Besides,. by section 10 of article C of the
constitution, any judge of the state since tho
adoption of the constitution in 1879, can bo
removed by a concurrent two-thirds resolution
of both houses of tho legislature. It will thus
be seen that the recall is now in the constitu
tion and has been sinco it was 'adopted, affect
ing the judges alone. Has this summary power
terrorized your courts or intimidated them?
Has it taken away their independence? This
summary recall which has existed for thirty
two years? And yet men apparently sensible
see or pretend to see in this self-defensive power
of tho people a menaco and threat to our institutions."
DISSOLVING THE CLUBS
Ollie James, in his speech in favor of the free
list bill: "The republican leader (Mr. Mann.)
asked 'what is an agricultural implement?' Mr.
Chairman, it only shows the decadence of tho
republican party that they would elevate to the
lofty station of minority leader one who ad
mitted without shame that he did not know what
an agricultural implement was. Why, ho says:
'What are meats?' I will tell you what meats
are and what meats were placed on tho free
list for. Meats were placed on tho free list
in order to dissolve those non-meat-eating re
publican clubs that were organized in 1907
under the benign reign of republicanism.
"Go ask them in Chicago, where they had to
organize these non-meat-eating clubs under the
prosperity of the grand old republican party.
They can tell you what meats are. And the
purpose of this bill, Mr. Chairman, Is that
whenever the beef trust takes control of the
American market and forces the price of meat
up so that the people of this country are forced
to combine themselves Into clubs, resolving that
they will not eat meat, this bill lets in meat
from every part of the civilized world to com
pete with one of the products of republicanism,
the 'beef trust,' that is organized in this country."
ONE WAY
The "Sioux City (Iowa) Journal, a republi
can paper, says: "One gathers from tho front
page of The Commoner that the way to prevent
tho democrajtic party from becoming 'Aldrich
ized' te to subscribe generously for The
Commoner."
The circulation of The Commoner, as well as
of every other good democratic paper, will help
prevent the Aldrichization of the democratic
party. The Commoner is oven carrying light
Into tho dark places of the Sioux City Journal's
sanctum, for in the same issue of the Journal
in which the above paragraph appears we find
three other editorials relating to the editor of
Tho Commoner: '
"Mr. Bryan had things pretty well to himself
until discerning democrats discovered that the
sky was clearing."
"Mr. Bryan says he has to run to keep up
with the progressives. And at his age!"
"Mr. Bryan does not need to go to Wash
ington. He takes the galleries with him."
If Uncle George Perkins will only continue
in his good work of regular reading of. The
Commoner there will yet be hope for the
de-Aldrichization of Sioux City's splendid newspaper.
BANCROFT AND PEOPLE'S RULE
Georgo Bancroft, tho eminent hiHtorlan and
publicist, was a sincere democratic democrat
who had an abiding faith in popular govern
ment. In an oration dolivorod beforo tho de
mocracy of Springfield, Mass., July 4, 183G, ho
gives an Interesting and instructive delineation
of tho tory, whig and democrat of his time. If
stand-pat republican bo substituted for tory and
insurgent for whig it will fit conditions of our
timo as well:
"To tho tory, law is an expression of absoluto
will; to tho whig it is the protection of privi
lege;; to democracy It Is a declaration of right.
In tho tory system tho executive and sovoreign
are one; In the whig systom tho executive Is tho
sovereign except whero expressly limited; in
tho system of domocrncy the oxecutivo is not
tho sovereign, but tho servant, of tho people
Tho tory clings to past abuses; tho whig idolizes
present possessions; democracy standB for pro
gress and reform. The tory, blaspheming God,
pleads tho will of heaven as a sanction for a
government of force; tho whig, forgetting that
God is not tho God of tho dead, appeals to pre
scription; democracy lives in tho consciences of
the living. The tory demands an oxclusivo
established church; tho whig tolerates dissent
on conditions; democracy enfranchises tho
human mind. Tho tory Idolizes power; whig
worships his interests; democracy struggles for
equal rights. The tory pleads for absoluto
monarchy; tho whig for a wealthy aristocracy;
democracy for tho power of tho people. Tho
tory regards liberty, as a boon; the whig as a
fortunato privilege; democracy claims freedom
as an inalienable right. Tho tory loves to
seo a slave at the plow; tho whig prefers a
tenant or a mortgaged' farm; democracy puts
the plow into tho hands of the ownor. Tho tory
tolerates no elective franchise; tho whig gives
votes to none but men of property; democracy
respects humanity and struggles for universal
education and universal suffrage. Tho tory
bids the suffering poor gather tho crumbs
that fall from tho table; the whig says:
"Bo ye clothed, bo ye fed," but allows
no obligation; democracy holds it a duty
to soothe tho mourner and to redeem tho
wretched. The tory looks out for himself; tho
whig for his clan; democracy takes thought for
tho many. Tho tory adheres to tho party Mo
loch; the whig still worships at tho shrine of
Mammon; democracy Is practical Christianity."
It would take a gifted pen indeed to add
anything to this brilliant and convincing char
acterization. It is true In every word and In
every Implication and it as perfectly describes
present-day political alignments as it does those
which the great historian had immediately be
foro his vision.
But In what association does tho reader find
himself? Is ho tory, whig or democrat? Is
he for property rights or for human rights?
Are his sympathies with privilege or with tho
people? Johnstown (Mass.) Democrat.
GOD'S GD7T
"Where is my gift," said God, "that I gave to
men
Tho sun-wed fruitful earth, with her freight of
good
For all their wants? What-mean these prayers
for food?
Are there poor In a world which bursts with
its golden stores?
Who are tho few that dare to withhold from all
My gift to all of the fruitful, sun-wed earth?"
And the few replied: "O Lord, we give Thee
thanks,
Thou gavest tho earth to all, it is true, but lo!
Thy angels. Law and Order, who rule the world
When Thou art far away, have learned our
worth,
And rightly bestowed on us Thine inheritance."
"I know them not," said God; "they ore
fiends from hell
That juggle thus with the gift that I gave to
man.
I am never far away from tho world I gave.
And, now, onco more, and for evermore, J. give
This fruitful earth anew to the sons of men.
Woe to the fiends who shall dare usurp my
place!
Woe to the few who say that my gift Is theirs!
Woe to the man who grasps his neighbor's
land!" Ernest Crosby.
The American Homestead, n monthly farm
journal of national scope, will be sent to all
Commoner subscribers, who renew their snb
scrptions during the month of May at regular
rates, when this notice is mentioned.
vafe-fei
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