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The Commoner.
OCTOBER 27, 111
11
th feudalism of corporate wealth,
whose Taat richeg and power rest
largely upon legal privileges and
monopoly rights. For many years
these lawyers have devoted their
best Intellectual efforts to winning
victories over the people and the
state In behalf of the class they have
served. Many of them owe their
social as well as their business suc
cess largely to the patronage and
munificence of corporation chiefs. At
the club, in the home, in the office,
they have associated with the cham
pions of privilege and reaction. Few
there are indeed who would not bo
Influenced to some degree by some
of these things, and when all are
present it is too great tax on credu
lity to expect that their elevation to
the bench will sublimate and trans
form their human nature.
Nor does the result in present-day
judicial action ' warrant this assump
tion. The beef trust Is but one case
of many that might be cited. Go to
California. Why is it that the insur
gent republicans, who swept the state
at the last election, and the demo
cratic democrats of the Pacific coast
aro uniting in demanding the right
. of judicial recall? The people have
become exasperated at the law's de
lay and the defeat of relief through
legislation of the supreme court of
the United States in regard to the
Sherman law. It Is only because the
electors have become Convinced that
the judiciary has proved itself at
times more responsive to and con
siderate of privileged wealth than of
popular rights arid the hjgh demands
of justice, that they insist upon the
right of judicial recall.
The people's side of the case has
been admirably presented by Arthur
J. Pillsbury in the following words
which appeared in a recent issue of
that sterling republican weekly, the
California Outlook:
"Our judiciary is not now and
never has been Independent of any
thing except popular displeasure. It
has not been independent of the
power that made the Judges and,
ever since politics became an acces
sory to corporate greed and the
mania to combine in restraint of
trade and competition, against a free
market and equality of opportunity,
the appellate bench of this country
has been as serviceable to the In
terests as has the United States
senate or state legislatures, and the
supreme court of the United States
has proven no exception to this
sweeping declaration. Honest and
independent minded Judges we have
had, but we have also had honest
and Independent United States sena
tors and state legislators. The in
terests have found balky horses In
every team over the backs of which
they .have drawn lines. It will take
considerable time for this awful truth
to soak into the American mind, but
it Is in soak and will soak in.
"Not many judges are corruptly
subservient to the power that made
them judges. Some are. Some serve
on the bench the Interests that made
them judges, exactly as they would
have served those interests In senate
or assembly had they made them
legislators instead. California is no
stranger to that form of appellate
judge, but it has had more really
serviceable Judges, serviceable to the
interests, selected because of service
able types of mind, or serviceable
class kin, than came to the bench any
other way. A great tumult was late
ly made because It seemed that a
certain Shay had polled the supreme
court in advanco of a hearing before
it. That was a clumsy business If,
indeed, it were attempted. Is there
any question that the law depart
ment of the Southern Pacific com
pany has been able for forty years
to poll, with substantial accuracy,
that court long in advance, as to any
Issue that might come before it with
ut ever sounding a single justice
upon that Issue? It required years
for that company to so constitute
that bench as to make sure that the
fellow servant doctrine would be up
held by it, but it was finally done
and, doubtless, without ever saying
'fellow servant' to any candidate foi
judicial honors. The different heads
of the political bureau of that com
pany had made a study of the types
of mind of the possible candidates,
and had acted accordingly, until they
had constituted that bench to their
liking. And this has been the ex
perience of evory corporation-controlled
state In the union! Is that
an 'independent' Judiciary? The
president misconceives tho issue In
Arizona. It is not bctwoen an in
dependent and a dependent judiciary,
but between a judiciary responsible
to the people or responsible to a
particular interest or class. If Judges
aro to be responsible to tho power
that made them judges, and they are
and ever have been, generally un
consciously, but just as truly, is it
better to make them responsible to
tho people or to the interests? That
Is the Issue."
What Constitutes tho Mob?
While Jeffreys among the Judges
and tho Stuarts and George III.
among kings would heartily applaud
the contempt which President Taft
and other enemies of popular sov
ereignty express for the sovereign
voter, their studied insults to tho
electorate and the very principles
upon which our government rests
ought to be resented in no uncertain
manner by the voters.
We are told by the political bosses
and the mouthpieces of corrupt privi
lege and monopoly that if the people
have the power to recall the judges,
tho mob would terrorize the bench.
Now who is this terrorist mob? It
is you., gentle reader, and all the
other voters who are theoretically, at
least, though happily not actually, re
sponsible for such recreant represen
tatives of popular government as
President Taft. You aro exactly such
a part of this terrorist mob as you
are a part of tho voting electorate
the mob that at the next general elec
tion will register Its vote for all elec
tive officers, from President Taft
down.
But In tho event of the Introduc
tion of the judicial recall, you will
not have the opportunity to let your
wild and ungovernable passions get
the better of your judgment, even
though you are a part of the terrible
mob menace which despots, corrup
tionlsts and enemies of free Institu
tions dread; for in the event of the
recall of judges, should any member
of the Judiciary prove recreant to
his trust, he could not be removed
until after the orderly working of
a deliberative process that In effect
would be a free trial before the
supreme tribunal in a popular gov
ernment the people. In tho first
place, there would have to be a re
quest on the part of at least one
fourth of the electorate, that the
judge be recalled. Next an election
would be provided for, to be held at
a future date and not until after tho
people had fully, freely and de
liberately considered the pros and
cons of the case. Then, if after hav
ing all the evidence in favor of the
judge and against his rulings placed
before them, the majority of the
electorate decided that he was no
longer fit for tho bench, he would be
recalled. Does this proceeding
smack of a mob rule? The man who
makes such a claim insults the In
telligence of every thinking man and
woman In the republic.
On this phase of the case Mr.
James G. Manahan, a prominent
Minneapolis attorney, recently made
some pertinent remarks remarks
that should bo read by every voter
in the land. The occasion of his
utterance was a meeting of the Min
nesota Bar association, when, aftor
the usual denunciation of tho clamor
of the mob meaning of courso tho
electorate by tho servants of privi
lege, the enemies of republican gov
ernment and tho reactionaries In
general, Mr. Manahan made this pa
triotic and statesmanlike protest in
behalf of tho millions of American
voters:
"It is urged that tho recall of tho
Judges would subject tho Judiciary to
tho clamor of tho mob.
Tho man who bolloves tho peoplo aro
a mob does not believe in a republi
can form of government. Ho should
leave this country. Ho has no placo
here; his spirit is treasonable.
"Respect tho Judges, of courso;
tho same as wo respect men in other
offices who do their duty; no more,
no less. Wo can not rospoct them
If they aro arrogant or tyrannical or
despotic. And if they aro not held
responsible they become to a greater
or less degree arrogant, tyrannical
and despotic. They aro entitled to
tho respect earned by tho Justico and
wisdom of their Judgment, and this
should bo measured not by them, but
by that sovereignty that creates
them. Let their work bo dono in tho
light of the power they servo. Tho
more direct and severo the light tho
greater will shine tho glory of their
work well dono."
At tho recent meeting of tho
American Bar association, in Boston,
the public was treated to many ut
terances that, as tho Springfield Re
publican editorially observed, "would
sound well only in Russia" utter
ances that would havo warmed tho
cockles of tho heart of a Jeffreys or
a Stuart despot, but which wero in
sults to every Intelligent voter in
America and treasonable to the
spirit of our government.
fctSSl
toSIOOOXSpersicr
JyJSSTCOASTjSfL.
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From tho Peanut Flsltft ef VIRGINIA
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The 6 8ou. States, (Va., N. C, S. C, Qa.,
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HOOSIER
HEATERS
& RANGES
BUT WHAT ABOUT HARLAN?
William Surman, Carllnvllle, 111:
Just read Mr. Taft's speech In the
morning paper and am especially im
pressed with the paragraph under
"Wrong impressions," In which ho
says: "Persons who do not under
stand the effect of these decisions
and really do not understand the law
have a great deal to say which Is
intended to lead tho public to tho
belief that in some way or other the
supreme court has emasculated the
statute and prevented its operation
against objectionable and injurious
trade combinations and conspira
cies." Mr. Taft, of course, Is strik
ing at Mr. Bryan. But what of the
dissenting opinion of Mr. Justice
Harlan T Did ho not know the law
after spending a long lifetime in the
law? Oh, how those standpatters do
get their feet in It. Truly yours,
WILLIAM SURMAN.
GLORY ENOUGH FOR ALL"
Chicago Evening Post: "There Is
glory enough for all," said Winfleld
Scott Schley at the first outbreak
of the Sampson-Schley contest over
the) battle of Santiago. In this spirit
he marked his course all through tho
bitterness of that half forgotten
squabble; in it he laid aside his
active naval career, and in It he
lived the closing years of his life In
New York. Ho never capitalized for
his personal advancement either his
services to his country or his griev
ance. Schley bore himself like an
officer and a gentleman, both on the
quarter deck and off it. "There Is
glory enough for all" should bo writ
ten on his monument. It is no mean
epitaph.
BLIND CONSERVATISM
There is always a certain mean
ness in the argument of conserva
tism, joined with, a certain superior
ity In Its fact . It affirms because It
holds. Its fingers clutch the fact, and
It will not open Its eyes to see a
better fact Emerson.
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