The Commoner.
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
VOL. 11, NO. 11
Lincoln, Nebraska, March 24, 1911
Whole Number 531
The Recall of Judges
There is no thought of striking down the
judiciary, and those who suggest this ought
to know better. A judge has no right, except
as the law gives it to him, and the people make
the laws. The judge's right to declare a 'law
unconstitutional is not an inherited right. It
is granted by the constitution, and the con
stitution Is made by the people. In fact, the
constitution is distinctively a popular instru
ment. Individual rights are protected in con
stitutions because the people who make the con
stitution want those rights protected, and the
people who make constitutions can be trusted
to deal as fairly with judges as with other
officials. The argument that "a judge can have
'any power not conferred upon him by the people
or can rightfully exercise power contrary to the
wishes of tL people is either a relic of past
monarchy from which we have departed, or a
foreshadowing of the plutocracy which some
seem to desire.
The attempt to appeal to religious prejudice
is as absurd as it is inexcusable.. The religious
"belief of the people is more secure in the hands
of the people themselves than anywhere else.
Equally aside from the line of legitimate argu
ment is the argument that the pebple may anct
in anger 'orjijtcitement." Election laws provide
time for deliberation, not as much time as some
of the predatory corporations have taken to
wear put the patience of.the people, by. post
ponement and delays, but time enough to allow
-thought, and deliberate judgment.
It is argued' that the purpose of the recall is
"to make the judiciary subservient to the
.popular will." .To. what .will ought .the judiciary
to be subservient? Not unpopular will? We
have had enough evidence that judges are
human to enable us to withstand the appeal
now made to us to put our judges in a class
by themselves. Have we not seen influential
criminals escape just punishment through thUr
power to touch the sympathies of the court, and
have we not seen judges decide political ques
tions with just as much political bias as the
ward politician? What state has not had its
examples of political judges and judges are
just as likely to be partisan when they secure
an appointive judgeship through a pull as when
they obtain an elective judgeship through their
push. Have we forgotten the electoral com
mission of 1876? Did we not have five supreme
judges on that commission, and were they not
the senior judges in length of service, and did
they not decide according to their political bias
just as the senators and representatives do? It
so happened that three of the judges were re
publicans while only two were democrats, there
fore Hayes was seated. Had there been three
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CONTENTS
THE RECALL OP JUDGES
WATCH IT GROW
THE LEAVEN OP TIME
MR. BRYAN IN PRESS DISPATCHES
PAPERS CONTROLLED BY THE
INTERESTS
SENATOR MYERS OP MONTANA
JABBS AT THE COMMONER EDITOR
DEMOCRATIC DOCTRINE,,
WHAT DREAMERS HAVE DONE
PRESIDENTIAL TESTS
PRACTICAL TARIFF TALKS
FREE RAW MATERIALS
CURRENT TOPICS
HOME DEPARTMENT
WHETHER COMMON OR NOT .
NEWS OF THE WEEK
WASHINGTON NEWS
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THE LEAVEN OP TEHB
Editorial la Boston Journal, (rep.) :
"When Ooloncl Bryan paid his first visit
to Boston ha was regarded by the cast
In general as a dangerous agitator. Now
ho is welcomed as a leader of a move
ment which to a large extent has
abolished party lines and done away
with the ultra-conservatism which
brooked no concessions to liberal ideas.
Ho has not been successful as a candi
date for the presidency, but ho lias seen
the movement which ho did so much to
start become the dominant forco in
American politics.
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democrats instead of two in the judicial group
of the electoral commission Tilden would have
been seated. It all depended upon the vote of
one judge, and his vote depended entirely upon
his party affiliations. He voted just as he voted
"at the polls, notwithstanding the fact that great
constitutional questions were presented and
mighty interests hung upon the decision.
Nothing is to be gained by shutting our eyes
to the fact that judges are made of the same
kind of clay that was employed on the rest of
us, and it is just as well that the judge should
have before his eyes constantly the possibility
of a rebuke if he goes contrary to the sense of
justice in the heartsof thepeplev..A.judge will
be respected as long as he deserves respect, and
why longer? If a judge betray hiB trust it
is better to let his sin fall upon himself than
to have it rest upon the judiciary. There will
bo more respect for the court rather, than less
when the people have it in their power to re
move an unfaithful servant. Now, if a judge
rests under suspicion the distrust is apt to
spread to his associates, but when the people
have the right in their own hands their failure
to use it is an answer to the criticism of an
official.
But suppose a mistake should be made oc
casionally that is not a sufficient indictment
against the system. Mistakes are to be ex
pected just as our constitutions contemplate the
possibility of officials, even judges, proving
false to their trust. Why is the power of im
peachment lodged in the legislature except upon
the theory that a judge may deserve Impeach
ment? The recall is a form of impeachment in
which the people act as a jury, and they can be
trusted much better than any senate, even the
senate of the United States. After the seating
of Senator Lorimer who will claim that tho
United States senate is a bettor body to try
an official charged with corruption than the
people themselves?
The recall is coming and when it has come
we shall have a higher standard of integrity and
a more jealous regard on tho part of our officials
for justice and the public welfare.
DENVER PLATFORM ELECTION
OF SENATORS
The Denver platform, following the platforms
of 1900 and 1904, declared for the popular
election of senators:
"We favor the election of United States sena
tors, by direct vote of the people and regard
this reform as the gateway to other national
reforms."
No republican national platform has ever de
clared for it, andthe proposition was rejected
in the last republican national convention, by
a vote of seven to one.
But no reform Is more popular and there is
every probability that tho next congress wijl
submit the necessary amendment to . the con
stitution. The democratic party began its fight
for this reform eighteen years ago, and It Is so
important' that the securing of this one amend
ment will be worth all tho effort expended by the
party during this time.
Watch It Grow
y
Tho "two-years-for-ono" offer, made by Th
Commoner for tho purpose of carrying or am
educational campaign for 1912, has already ma
terially incroasod Tho Conimonor's circulation
watch It grow.
Responses havo been prompt. Tho Commoner
readers show great enthusiasm in tho effort to
enlarge this paper's field of usefulness.
A fight must be waged to hold the democratic
party true to its name and prevent tho special
interests from writing its platform, selecting its
candidates and controlling its machinery. In
the opinion of many democrats one of the best
methods of protecting tho party from this at
tack Is to circulato Tho Commoner in homes
where it is now a stranger. Mr. Bryan will bo
in the field working personally for tho preserva
tion of the democratic party to the end that it
may bo of real service to tho people in tho effort
to perpetuate popular government. Ho has
given instructions that every new subscriber
shall receive Tho Commoner for a period of
two yearp (which will carry it beyond tho presi
dential election of 1912) for tho sum of ono
dollar. Every Commoner reader is asked to
secure at least ono new subscriber. Many will
bo able to secure more than one. Everyone,
however, may render somo aid in this work.
Somo idea of the responses that are being
made to this offer may bo obtained by reading
samplo extracts from some of tho letters now
pouring Into this office:
Charles P. Home, Kansas Tho democratic
party should not take a backward Bt.opjatthJUj, n
time. A reactionary candidate can not win for
tho people. Such a victory would bo worse
than a complete defeat. I havo always voted
the democratic ticket, but was not always
equally enthusiastic About it. I voted in flvo
presidential campaigns.
W. W. Kessler, Missouri Enclosed I send
check for $6.00, with six subscribers to special
1912 educational campaign offer. I will send
more names from time to time. It is a pleasure
to talk for a paper that stands for what The
Commoner does clean, pure democratic prin
ciples. We look to Mr. Bryan always to keep
us posted on the pure and unadulterated.
A. M. Clark, Oklahoma I hand you herewith
a list of subscribers for The Commoner and I
shall be on the alert for more all along. Every
democratic democrat in the United States should
be a reader of The Commoner. It gives me
genuine pleasure to do anything I can for W.
J. Bryan, who is easily the greatest exponent
of democratic doctrino in the United States. In
my opinion the greatest weight with which the
democratic party is at this time handicapped
is undemocratic democrats. Were it not for this
almost insurmountable difficulty I feel that suc
cess in 1912 would be well nigh assured. Hero'.s
to the long life and continued influence of W.
J. Bryan and The Commoner.
Henry D. Burroughs, Michigan I enclose
check for $1.00 for subscription. I have always
realized that the corporate Interests and the
plutocratic press aim to dominate every party
with any power and as soon as the democratic
party becomes popular it will havo a struggle
to keep tho interests from dominating it. I
don't think I shall be easily misled by any plot
of the enemy and shall try to be on hand with
my vote, but I don't know just how I can help
to keep my neighbors in line. I am willing to
do what I can. ' As for a presidential candi
date for 1912 I haven't tho slightest idea who
would be suitable. W. J. Bryan would suit me
but maybe he has been before the people too
long so there would not be the same enthusiasm
over him there would be over a new man. Cer
tainly there is nothing to gain by electing a
democrat from the corporation ranks and it
will be a fight to nominate any other.
W. E. Taylor, Missouri Enclosed find $5.60
to pay for five two-year 1912 special educational
campaign subscriptions; tho adidtonal 60 cents
to pay for one, yearly subscription.
J. M. Sawyer, Alabama Enclosed find post
office money order for $3.75 covering club of
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